Discharge petition for section 66a of it act
K K S V SOMESWAR
(Querist) 31 August 2015
This query is : Resolved
Respected Experts,
Namasthe.
In june 2013 chargesheet was filed u/s 66A of IT Act. The offense was that pseudonymous mails were sent from 2 cyber cafes. The trial started in a faster way of twice in a week of examining the witnesses. In October 2013 both cyber cafe owners came and deposed that the accused did not visit their cyber cafe anytime. from there onwards the trial became slow and no further examination happened since only the I/O is left. mean while the Hon. Supreme Court struck down Sec.66A of IT Act on 24th March 2015. Since the case was u/s 66A only and no other sections, discharge petition was filed on 25th March. Hearing date is given in May 2015. Counter was filed by PP stating that the charge sheet is under sec.66A of IT act only and discharge petition is inadmissible since trial is going on. A month back arguments were heard by Hon.Judge and the defense lawyer told since the trial is u/s 66A and it can be discharged as the same section was struck down by Supreme Court. PP again said the petition is inadmissible.
5 months over since discharge petition filed. only dates are given every time. today also again date is given for 21st september. What to do ? At this stage can we go for quash in High Court ? or anyother solution ? Whether quash will be allowed when discharge petition is pending in lower court ?
T. Kalaiselvan, Advocate
(Expert) 06 September 2015
You wait for the outcome of the court proceedings in line with the supreme court judgement and then think about other alternatives.
K K S V SOMESWAR
(Querist) 20 April 2016
Respected experts.
The discharge petition was dismissed and the trial was conducted normally. Judgement was given stating that no evidence in the case and acquitted beyond all reasonable doubts.
the query is
1) My friend was already given compulsory retirement just on this allegation in 2014. A writ was filed in High Court. With this judgement in his favour how can he proceed for getting back his job ?
2) these false allegations were made by his own colleagues. Can he file civil defamation as he lost his job though 6 years service is left and due for retirement in 2021. He suffered heavy financial loss. More so his social status, reputation and image were lost totally. He could not get job because of these false allegations which were proved false and he was acquitted beyond all reasonable doubts.
3) Can he also file criminal defamation since he had undergone lot of mental agony because of this case.
