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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SUBHASH VIDYARTHI
Ram Pramesh Gupta @ Ram Pramesh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Subhash Vidyarthi J.
1. Heard Sri Sanjay Kumar Rao, the learned counsel for the petitioner, Sri Avishesh Kumar Singh, the learned A.G.A. for the State and perused the records.
2. By means of the instant application filed under Section 482 Cr.P.C./Section 528 BNSS, the applicant has prayed for quashing of the impugned charge-sheet dated 02.10.2024 arising out of Case Crime No.0349 of 2023, under Section 509 I.P.C. and Section 67 of Information Technology (Amendment) Act, 2008, Police Station Chhapiya, District Gonda, cognizance and summoning order dated 10.02.2025 passed by the learned Additional Civil Judge (Junior Division), Room No.2, Gonda in Criminal Case No.4321 of 2025, along with entire proceedings of the aforesaid case.
3. The aforesaid case was instituted on the basis of an F.I.R. lodged by the opposite party no.2 on 21.12.2023 stating that some unknown person had created a facebook account in the name of Dev Gautam. He has prepared some obscene photographs of the informant’s daughter and is posting the same along with objectionable comments causing a serious mental agony to the informant and his daughter.
4. Assailing the validity of the charge-sheet and the summoni
The court determined that both Section 67 of the IT Act and Section 509 IPC can be applied concurrently arising from the same facts, supporting the validity of the charge-sheet.
The Information Technology Act, 2000 has overriding effect over the Indian Penal Code, 1860, making it the exclusive legal framework for offences related to electronic data.
The court ruled that the accused's message did not constitute obscenity under the I.T. Act, thus quashing the charge-sheet and dismissing the case as an abuse of process.
Point of Law – Court in exercise of power under Section 482 Cr.P.C. cannot assume such jurisdiction and put an end to the process of trial provided under the law. It is also settled by the Apex Court....
The Information Technology Act's provisions take precedence over the Indian Penal Code for computer-related offences, but do not encompass the element of deceit required for cheating under IPC.
Important points:The alleged publication of the photograph of the 2nd respondent during the time of the inaugural function of the Jewellery is admittedly, by itself cannot be said to be in any manner....
Point of law : Section 66A of the Information Technology Act, 2000 is struck down in its entirety being violative of Article 19(1)(a) and not saved under Article 19(2). Section 69A and the Informatio....
investigation of a non-cognizable offence by the police without the permission of the competent Magistrate is illegal, subsequent permission granted cannot cure the illegality as police officer has n....
The Inspector of Police has jurisdiction to file a report under the Information Technology Act, and the determination of obscenity is reserved for the Trial Court.
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