ORAL ORDER

1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), the applicant has prayed to quash and set aside the complaint being FIR No.11826001210018 of 2021 registered with Cyber Police Station, Ahmedabad Range, Dist. Ahmedabad Rural, for the offences under Sections 354(D), 500 and 509 of Indian Penal Code, 1860 and Section 66C of the Information Technology Act and all the consequential proceedings arising therefrom.

2. It is alleged in the FIR that, engagement talks were going on between the complainant and applicant, but due to Covid-2019 pandemic, engagement could not be performed. Thereafter, messages were exchanged between the applicant and complainant and meanwhile, the applicant by keeping suspicion on the complainant, sought screen-shot of her mobile phone, which was not liked by the complainant. Later on, relationship was ended by the complainant with the applicant. By keeping that grudge, the applicant created false fake id on facebook and posted off scenes photos and gave filthy abuses through social media. In this regard, FIR came to be filed against the applicant.

3. It is the submissions of learned counsel for the applicant that, the FIR has been lodged with an ulterior motive and to pressurize the applicant. The applicant is residing in USA much prior to the alleged incident and someone had created fake profile of the complainant on facebook. He further submitted that the allegation levelled against the applicant is to the effect that the applicant being in USA has created fake facebook ID, but the said facts are not revealed in police investigation till date. Further, whether the account has created in India or in USA is also not clear and the police has no territorial jurisdiction and therefore, the story made against the applicant is just to defame the applicant and harass him. 4. Ms. Vrunda Shah, learned APP for the respondent State has opposed the present petition by contending that, the applicant has created fake ID on facebook with an intent to ruin the reputation of the complainant and therefore, as the offence being serious one, present petition may not be entertained under Section 482 of the Cr.P.C.

5. Having heard learned counsel for both the side and perusing the material placed on record, it appears that the allegation against the applicant is that he has created fake facebook ID of present respondent No.2. As per the say of learned counsel for the petitioner that as to whether face ID is created in India or outside India itself is a disputed question of fact and police does not have territorial jurisdiction and complainant has concocted the story. Said aspect is also a question of investigation. From the record, it prima facie reveals that as the complainant denied the engagement with the petitioner and intended to marry with someone and by keeping that grudge, the applicant with a view to defame present respondent No.2 has created fake Id on facebook. In support of the complaint and from the statement, police has collected the evidence of fake ID. From the said video clips and messages exchanged between them, prima facie, it appears that some off-scene materials and messages being used to defame and harm the reputation of the complainant and that’s why forged ID is created by the applicant.

Provisions of Section 66(C) of the IT Act reads as under:-

“Sec.66C - Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine with may extend to rupees one lakh”

Considering the provisions of Section 66(C) and Section 78 of the Act, there is no bar to investigate the offence and the petitioner has made stalking the complainant through electronic communication. Section 354D (ii) reads as under:-

“Sec.354D. Stalking (1)