Vishal Saxena vs State Of U.P. And Anr

1. Heard Sri Atul Kumar Singh, learned counsel for applicant and learned AGA for State.

2. In the present case by way of impugned order dated 06.06.2019 Magistrate concerned has taken cognizance of charge sheet filed under Section 66A of Information Technology Act and applicant was summoned.

3. Learned counsel for applicant submits that before aforesaid impugned order was passed, Supreme Court, by way of a judgment passed in Shreya Singhal Vs. Union of India, AIR 2015 SC 1523, has struck down Section 66A of Informant-Opposite Technology Act in its entirety being violative of Article 19(1)(a) being not saved by Article 19(2) of Constitution. It is not the case of applicant that said judgment was placed before Magistrate concerned.

4. This application is pending for last more than four years with an interim order.

5. A counter affidavit has been filed on behalf of prosecution, however, said issue has not been dealt with probably on ground that the application is silent on this issue though it was argued before this Court when interim order was passed.

6. Learned AGA appearing for State, on basis of aforesaid judgment, is not able to deny the legal position that Section 66A of Information Technology Act has already been struck down before occurrence took place or charge sheet was filed. The impugned order, therefore, cannot legally survive.

7. In view of above, application is allowed. Impugned order dated 06.06.2019 passed by Additional Chief Judicial Magistrate IV, Mathura as well as entire proceedings of Criminal Case No. 638/12/2019 (State vs. Vishal Saxena), arising out of Case Crime No. 516 of 2017, under Section 66A of Information Technology (Amendment) Act, 2008, Police Station Highway, District Mathura, are hereby quashed.

Order Date :- 20.9.2024

AK