CRL.M.C.--2024/2018. Case: SHUBHAM BANSAL Vs. THE STATE ( GOVT OF NCT OF DELHI) & ANR. High Court of Delhi (India)
| Case Number | CRL.M.C.--2024/2018 |
| Citation | NA |
| Judgement Date | December 04, 2019 |
| Court | High Court of Delhi (India) |
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 31.10.2019 Pronounced on: 04.12.2019 + CRL.M.C. 2024/2018& Crl. M.A. 7164/2018, 7786/2018,
7787/2018 & 28577/2018
SHUBHAM BANSAL ..... Petitioner
Through Mr.S.C. Buttan, Adv.
versus
THE STATE ( GOVT OF NCT OF DELHI) & ANR..... Respondents Through Mr.K.K. Ghei, APP for State.
SI Sandeep Crime Branch R.K. Puram.
Mr. J. M. Kalia, Adv. for R-2 with respondent no.2.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T
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Vide the present petition, the petitioner seeks direction thereby aside the observations of the learned Court passed in application section 173(8) Cr.P.C. in FIR No.130/2012 in case titled „State vs. Sh Kansal’.
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Further seeks direction thereby setting aside order dated passed in Criminal Revision No.138/2016 and restore order
26.02.2016 passed by learned CMM whereby proceedings under 66A, IT Act and Section 509 IPC against the petitioner has been dropped.
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The brief facts of the case are that the respondent no.2/complainant filed an application before the police about the commission of an under section 66A of the Information & Technology Act referred to as the IT Act). Though the investigation was continuing but was not to the satisfaction of the complainant, therefore, the complainant filed Writ Petition No.399/2012 praying for registration of FIR unsolicited phone calls and SMS. This Court directed the Police to hold the inquiry and register the FIR as per the provisions of law. Consequently, FIR No.130/2012 was registered on 11.05.2012 under section 66A of the IT
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The allegations levelled against the petitioner were that complainant was a student of law and was undergoing internship.
06.03.2012, her telephone number 9873748416 started receiving many from different numbers who, as per her, were talking non-sense and some calls from internet which continued non-stop due to which she unable to even use her telephone for outgoing calls. Accordingly, she lodged a report with Anti Stalking Helpline Desk of Delhi Police and also complaint to bk.gupta@nic.in. Since she was getting a large number
regularly, therefore, on 09.03.2012 and even on 10.03.2012, she sent another reminder through e-mail and ultimately when she did not get response, filed W.P. No.399/2012 and, therein, as per her submissions, the report was called from Delhi Police and on 12.03.2012 submitted the
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The complainant in her complaint further mentioned that
10.03.2012 she joined the enquiry and mentioned that a false account in the name of Nidhi Taneja was created which contained telephone number of the complainant. This caused to her annoyance,
and harassment and, therefore, a request was made for registration FIR. During the inquiry, before the registration of FIR,
mentioned that she had interaction with Ashish Mittal over his phone informed that mobile no.987377486 has been mentioned as contact of Nidhi Taneja on the Facebook and therefore, he had obtained telephone number from the same and contacted the accordingly. During the pre-registration inquiry, it is mentioned that notice on 20.03.2012 under section 91 Cr.P.C. was sent to the investigation team of face-book inc 1601 California ave palo. Alto 93404 US and during that period it was found that IP address, date and time of registration of the Account with a log in account details of the
account of ‘Nidhi Taneja‟ and ‘beautiful Nits‟ were activated by one Taneja whose telephone number was mentioned as 9013499938 and account bearing this number was also activated as Nidhi Taneja.
certain other investigations were also made out and ultimately the Inspector Ms. Arti Sharma reached to House No. A-12/F-1, Dilshad and interrogated the petitioner who disclosed that he and the were friends and studied in the same School but due to their relations having ended, he was using the Facebook account in the name of Nidhi using his IP address.
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However, during investigation, CPU Lenovo G560 Laptop and Black colour mobile phone of Nokia were taken into custody by the and ultimately the Police found that the fake ID number was being accused Shubham Kansal/ petitioner by creating Facebook account name of Nidhi Taneja and therefore, the Challan was filed before the mentioning that the petitioner be prosecuted for an offence under 66A of the IT Act along with Section 509 IPC. However, the...
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