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RAVINDRA MAITHANI
Garvit Danu @ Govind Singh – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(Ravindra Maithani, J.)
The challenge in this petition is made to the Charge Sheet No. 437 of 2020 in FIR No. 294 of 2020 dated 08.05.2020, under Sections 419, 420 IPC and Section 66-D of the Information Technology Act, 2000 (“IT Act”), Police Station Kotwali Roorkee, District Haridwar; cognizance order dated 07.08.2021 passed in Criminal Case No. 1646 of 2021, State v. Garvit Danu @ Govind Singh, by the court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar (“the case”) as well as the entire proceedings of the case.
2. Heard learned counsel for the parties and perused the record.
3. The case is based on an FIR lodged by the respondent no. 2, a police officer. According to it, on a social media platform, the petitioner has shown himself as working in Uttarakhand Police and also placed a photograph of police in his profile cover photo. Thereby, the petitioner has been impersonating and committing fraud and cheating with the public in general. The FIR further records that the petitioner had also posted misleading information on his social media account. Based on this FIR, investigation was conducted and after investigation, charge sheet has been submitted
Impersonation on social media without evidence of deception or wrongful gain does not constitute cheating under IPC or IT Act.
Quash of FIR – No prima facie, to constitute any offence or make out a case against the accused.
The main legal point established in the judgment is that the revisional jurisdiction should normally be exercised only on a question of law.
Offences under Section 420 IPC and Section 66 of IT Act not made out; RPGO offences non-cognizable
The power of quashing should be exercised sparingly, and the courts have a limited jurisdiction to consider whether there is sufficient material to proceed further against the accused.
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.
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