Application to quash charge sheet and cognizance under sections 66E/67 IT Act for alleged uploading of a porn video. Court held questions of fact and evidence appraisal fall outside Section 482 Cr.P.C. jurisdiction; ingredients prima facie made out; application dismissed.
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Neutral Citation No. - 2024:AHC:175897
Court No. - 78
Case :- APPLICATION U/S 482 No. - 37827 of 2024
Applicant :- Deepak Kumar Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vinod Diwakar,J.
counsel for the applicant call for determination on questions of fact which may be adequately adjudicated upon only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record it can also not be held that the impugned criminal proceeding are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Similarly no such illegality, perversity or any other substantial error could be pointed out in the impugned summoning order, so as to warrant any interference by this court in exercise of powers u/s 482 Cr.P.C.
Order Date :- 8.11.2024 Anil K. Sharma
Justice Vinod Diwakar
Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the charge sheet and cognizance order in a case under sections 66E/67 of the IT (Amendment) Act should be quashed under Section 482 Cr.P.C. on grounds of false implication and lack of evidence
2 provisions across 2 enactments
Deepak Kumar Mishra
State of U.P.
Vinod Diwakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
