Amit Kumar vs The State Of Jharkhand

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties.

This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the F.I.R. of Cyber Crime P.S. Ranchi Case No.313 of 2025 registered for the offences punishable under Sections 66C and 66D of the Information Technology Act, 2000.

Learned counsel for the petitioner submits that the investigation of the case is still going on but charge-sheet has not yet been submitted in this case. It is further submitted that the petitioner is not named in the F.I.R. It is next submitted that the petitioner is innocent. It is also submitted that the instant F.I.R. is a motivated one having been lodged with ill-motive. Hence, it is submitted that the same be quashed and set aside.

Learned Spl. P. P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in the instant Cr.M.P. and submits that the undisputedly the petitioner is not named in the F.I.R., hence, the petitioner has no locus standi to challenge the same and since the investigation is at the nascent stage, therefore, at this nascent stage, the entire F.I.R. ought not be quashed and set aside.

Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court is of the considered view that since the petitioner is not named in the F.I.R. and the investigation of the case is still going on; so, at this nascent stage, it will be improper to quash the entire F.I.R. as the allegations made in the same if are considered to be true then the offences in respect of which the said F.I.R. has been registered is made out.

Accordingly, this Cr.M.P., being without any merit, is dismissed.