Allahabad High Court
Reena vs State Of U.P. And Another on 26 September, 2022
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- APPLICATION U/S 482 No. - 21301 of 2022 Applicant :- Reena Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J.
This is an application on behalf of complainant/victim who has filed an F.I.R. under Section 376, 506 I.P.C. and 67-A of Information Technology Act, 2000 against opposite party No.2/accused with an allegation that he has an unsolicited video of victim and blackmailed her under the threat to upload the said video on different social platforms.
After investigation, charge sheet was submitted under Sections 376, 506 I.P.C. and 67-A of I.T. Act against the applicant.
Sri Saurabh Kumar Pandey, learned counsel for applicant submits that at the time of framing charges, charges are framed under Sections 376, 506 I.P.C. and 66 of I.T. Act. The alteration of charge from Section 66 to Section 67-A is without any reason.
Learned counsel also pointed out that contents of Section 67-A provide punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic form, whereas Section 66 provides computer related offence in regard to any act referred under Section 43. Section 43 provides penalty and compensation for damage to computer, computer system, etc. Sri Deepak Kapoor, learned A.G.A. argued for some time but was not able to contradict the statement made by learned counsel for applicant.
In view of above, charge framed under Section 66 of I.T. Act is set aside and it is directed that learned trial Court shall frame charge against the accused person in their presence under Section 67-A of I.T. Act. In case, there is any alteration of charge, learned trial Court shall pass a reasoned order.
The application is allowed with the above observations.
Order Date :- 26.9.2022 Nirmal Sinha (Sl.No. 96/524 fresh cases)