Hon’ble Sudhanshu Dhulia, J. (Oral)

1. Mr. S.S. Yadav, Advocate, present for the applicant.

2. Mr. S.S. Adhikari, Brief Holder, present for the State/respondent nos.1 & 2.

3. Mr. Ramji Srivastava, Advocate, present for the respondent no. 3 & 4.

4. A First Information Report was lodged against the applicant for the offence under Section 66A of Information Technology Act, 2000 and Section 505 of I.P.C. at Police Station Doiwala, Dehradun, consequently a charge sheet was filed on 31.05.2014. Section 66A of the Information Technology Act, reads as under:-

“66A Punishment for sending offensive messages through communication service, etc.- Any person who sends, by means of a computer resource or a communication device,-

(a) any information that is grossly offensive or has menacing character; or

(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device; or

(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to decei