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2021 Supreme(All) 1172

RAJESH SINGH CHAUHAN
Harsh Kadam @ Hitendra Kumar – Appellant
Versus
State of U. P. Thru Prin. Secy. Home – Respondent


Advocates Appeared:
For the Applicant : Dinesh Kumar Shukla.
For the Opposite Party : G.A.

JUDGMENT :

1. Heard Sri Dinesh Kumar Shukla, learned counsel for the petitioner and Sri Aniruddh Kumar Singh, learned AGA for the State.

2. In view of the proposed order, notice to opposite party no.2 is hereby dispensed with.

3. By means of this petition, the petitioner has assailed Charge Sheet No.01 of 2019 dated 2.9.2019 and summoning order dated 25.1.2020 issued by Special Chief Judicial Magistrate, Lucknow in Criminal Case No.81347 of 2019 (State Vs. Harsh Kadam) arising out of Case Crime No.0221 of 2019, under Section 66A of the Information Technology (Amendment) Act, 2008, Police Station Naka Hindola, District Lucknow with further prayer to stay the proceedings of aforesaid criminal case.

4. Contention of learned counsel for the petitioner is that the impugned FIR is misconceived inasmuch as the petitioner has not committed any office as alleged in the FIR, therefore, the charge sheet which has been filed under Section 66A of the Information Technology (Amendment) Act, 2008 (hereinafter referred to as "IT Act, 2008" for short) is patently unwarranted and uncalled for. Therefore, the charge sheet in question may be quashed and the summoning order dated 25.1.2020 issued by the Sp

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