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Judgment
Pankaj Purohit, J
Present C-482 application has been filed by the applicant for quashing the charge-sheet No.01 of 2023, dated 24.05.2023 submitted by the Investigating Officer in FIR No.01 of 2020, under Section 67B of Information Technolgy Act, 2000 Revenue Circle , Syalde (P.S., Deghat), District Almora along with impugned cognizance/summoning order dated 15.03.2024 passed by learned Judicial Magistrate, Bhikiyasain, District Almora in Criminal case No.24 of 2024 (Case Crime No.01 of 2020) State of Uttarakhand vs. Harish Chandra Sharma, under Section 67B of Information Technolgy Act, 2000 Revenue Circle, Syalde (P.S., Deghat), District Almora, along with entire proceedings of the said case pending before the court of learned Judicial Magistrate, Bhikiyasain, District Almora.
The facts in brief are that an FIR was lodged by the Revenue Inspector Syalde-informant against unidentified persons who uploaded some objectionable obscene post on facebook. On investigation, it was found that the name of the user was Rohit Rock and the IP was related to BSNL. After inquiry, cyber crime police informed that the IP belonged to Harish Chandra Sharma i.e. the applicant and accordingly charge-sheet was filed against him upon which the cognizance was taken and the applicant was summoned to face the trial.
The learned counsel for the applicant pleads that the applicant has already sold his computer shop in which the said IP was functional. He further states that he has no connection whatsoever with the said shop and all the dues of computer centre and internet connections are paid by the present owner. He further pleads that it is quite strange that a person has been roped in only on the ground that some objectionable videos has been uploaded through his Wi-Fi connection and no investigation has been done against the person who were involved in uploading the said obscene videos.
The learned counsel for the applicant submits that the learned court below without applying his judicial mind has summoned the accused for facing the trial for the offence in which he has no role.
Per contra, the learned State Counsel submitted that the fact of the said computer shop having been already sold was never brought into notice of the Investigation Officer. Therefore, it was not made part of investigation. He further submitted that the matter in hand involves factual aspects which could only be found out during trial.
Having heard the learned counsel for the parties and having gone through material available on record, this Court is quite surprised to find that a person has been summoned to face the trial and cognizance has been taken by the learned court below inspite of the fact that very clearly from the bare perusal of facts it is evident that the applicant is nowhere involved in uploading the alleged objectionable videos, he cannot be made subject of trial only on the ground that his internet connection was used to upload the obscene videos. This Court is also surprised to see that no investigation has been done against the persons who were actually involved in uploading the alleged obscene videos.
In view of the above observations, this Court is of the opinion that this C482 application deserves to be allowed. Accordingly, Charge-Sheet No.01 of 2023, FIR No.01 of 2020, cognizance/summoning order dated 15.03.2024 and entire proceedings of Criminal Case No.24 of 2024, pending in the court of learned Judicial Magistrate, Bhikiyasain, District Almora, are hereby quashed.
Accordingly, C482 application is allowed.