JUDGMENT :

Jyotsna Sharma, J.

Heard Sri Kamlesh Kumar Dwivedi, learned counsel for the petitioner and Sri O. P. Mishra, learned A.G.A. for the State-respondent.

2. This petition under Article 227 of the Constitution of India has been moved with a prayer to set aside the orders dated 13.5.2022 and 12.2.2019 passed by the revisional Court and the trial Court respectively whereby the application for discharge preferred on behalf of the petitioner was rejected and the order was affirmed by the appellate Court in a case arising out of case crime No. 209 of 2016, under Section 66 A of I.T.Act.

3. The facts relevant for the purpose of this petition are as below :

A. F.I.R. was lodged against unknown persons with the allegation that some unknown person was transmitting obscene messages from a particular mobile number (as given in the F.I.R.) to the mobile of ''would be husband'' of the sister of the informant. On the basis of this F.I.R. investigation was conducted and charge-sheet under Section 66-A of the I.T.Act was submitted against the petitioner and cognizance was taken. An application was moved on behalf of the accused that no case under Section 66 A I.T. Act was made out as that section