2014 CRI. L. J. 204 ::(2014) 2 CurCriR 195 ::(2015) 1 RecCriR 877 ::2013 (4) KLT CN 139 (KER) ::2013 (4) Ker LT 139 ::(2014) 134 AllIndCas 481 (KER)

Kerala High Court

Hon'ble Judge(s): K. Harilal , J

(A) Criminal P.C. (2 of 1974) , S.239— Information Technology Act (21 of 2000), Ss. 66, 78 - Discharge of accused - Charge-sheet filed by Cyber Police Station before Magistrate against accused for offence under S. 469 of Penal Code after deleting offences under S. 66 of Information Technology Act - Cyber Police Station had power to investigate offences coming under Information Technology Act only and no other offences could be investigated by them - Final report filed by Cyber Police without any authority as no offence disclosed under Information Technology Act - Accused liable to be discharged from prosecution for offence. AIR 2005 SC 1075 : 2005 Cri LJ 929, AIR 1968 SC 1323 : 1968 Cri LJ 1505, AIR 1999 SC 2640 : 1999 Cri LJ 3124, AIR 1955 SC 196 : 1955 Cri LJ 526, Disting.1875 (1) Ch D 426, 2011 AIR SCW 2047, AIR 1936 PC 253(2) : 1936 (37) Cri LJ 897, Rel. on.(Paras12to15) (Para 12 15) (B) Criminal P.C. (2 of 1974) , S.239— Penal Code (45 of 1860) , S.469— Discharge of accused - Accused charged for sending forged e-mail for purpose of harming reputation of complainant - Computers and hard disk were not seized by Police as video clippings of persons visiting Internet Cafe were not available and log book did not show number and details of each cabin used....