Sri. Poornesh @ Supradeep vs The State Of Karnataka on 30 June, 2022

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Karnataka High Court

Sri. Poornesh @ Supradeep vs The State Of Karnataka on 30 June, 2022

Bench: Hemant Chandangoudar

                          1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 30TH DAY OF JUNE, 2022

                        BEFORE

     THE HON'BLE Mr. JUSTICE HEMANT CHANDANGOUDAR

         CRIMINAL PETITION No.8424 OF 2017

BETWEEN:

SRI. POORNESH @ SUPRADEEP
S/O SWMAYGOWDA
AGED ABOUT 29 YEARS,
R/O NO.49, BALAJI PG
MAGADI ROAD,
TOLL GATE BENGALURU
RPESENTLY RESIDING AT NO.36/3
VIJAY NILAYA
II CROSS TANNIR HALLI
NEAR SILK BOARD
HASSAN DIST HASSAN
                                         ...PETITIONER
(BY SRI.VEERANNA.G.TIGADI, ADVOCATE)

AND:

1.      THE STATE OF KARNATAKA
        REP BY SUB INSPECTOR OF POLICE
        MICO LAYOUT POLICE STATION,
        BENGALURU
        REP BY STATE PUBLIC PROSECUTOR
        HONBLE HIGH COURT OF KARNATAKA
        BENGALURU-560 001

2.      MISS DISHA KUKREJ
        D/O OMPRAKASH KUKREJ
        AGE:MAJOR,
                               2


         NO.36, 1ST A MAIN,
         6TH CROSS,
         B.T.M. II STAGE
         BENGALURU-560068
                                     ...RESPONDENTS
(BY SRI.ROHITH.B.J., HCGP FOR R1;
     SRI.SRINIVAS.A.R., ADVOCATE FOR R2)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. BY THE PETITIONER PRAYING TO QUASH
THE FIR AND COMPLAINT (ANNEXURE-A AND ANNEXURE-
B) IN MICO LAYOUT POLICE STATION IN CRIME
NO.644/2016 FOR THE OFFENCES P/U/S 67 AND 67(A) OF
INFORMATION TECHNOLOGY ACT, 2000 PENDING ON THE
FILES OF THE LEARNED VI ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU.


     THIS CRIMINAL PETITION COMING ON            FOR
ADMISSION, THIS DAY, THE COURT MADE              THE
FOLLOWING:

                          ORDER

FIR was lodged alleging that the petitioner- accused posted obscene message on facebook against the second respondent. The police registered FIR for the offences punishable under Sections 67 and 67A of the Information Technology Act, 2000 (for short 'the Act'). Taking exception of the same, this petition is filed.

2. Learned counsel appearing for the petitioner submits that the FIR registered by the Sub-Inspector of Police station concerned for the aforesaid offences is one without authority of law, since Section 78 of the said Act specifies that the police official not below the rank of Inspector shall investigate any offence under this Act.

3. On the other hand, learned HCGP appearing for the respondent No.1-State submits that the Sub-Inspector by exercising the power delegated to him has rightly registered FIR and the same does not warrant any interference.

4. It is undisputed that the impugned FIR was registered by the Sub-Inspector of police station concerned and thereafter he seized the articles from the petitioner and also arrested him for allegedly committing aforesaid offences. Section 78 of the Act 4 specifies that a police officer not below the rank of inspector shall investigate any offence under this Act.

5. In the absence of any power to delegate as specified under Section 78 of the Act, the registration of FIR against the petitioner-accused by the Sub- Inspector of the police station concerned is one without authority of law. Accordingly, I pass the following:

ORDER i. Criminal petition is allowed.

ii. The impugned FIR in Cr.No.644/2016 registered by the Mico Layout police station is hereby quashed.

Sd/-

JUDGE RKA

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