Vishal H. Shah v. State of Jharkhand
(2021) 3 JLJR 185 (HC) : (2021) 223 AIC 351
In the High Court of Jharkhand
Crl. Rev. 454/2016
Before Justice Shree Chandrashekhar
Decided on February 26, 2021

Relevancy of the case: Revision petition for the accused’s discharge under Section 66D for sending an email making false allegations

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66A, 66D, 67)

Relevant Facts of the Case

• The complainants filed a complaint with the cyber police in 2012 regarding an email sent to an institute making false allegations about an offering of a particular course.
• The investigation revealed that the mobile number associated with the email belongs to the petitioner.
• The police formally charged him under Sections 66A, 66D, and 67 of the Information Technology Act, 2000.
• The Judicial Magistrate discharged him from liability under Sections 66A and 67. However, he observed that there is a prima facie case under Section 66D, and hence, the trial would continue.
• Between 2012 and 2016, he filed multiple discharge petitions that the court rejected. Here, he has filed a revision petition before the High Court.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that the petitioner is unconnected with the crime and that the court cannot solely rely on the investigation officer’s report as the truth.
• The respondent’s counsel argued that, given the evidence and the material against the petitioner, the petitioner’s counsel’s submissions cannot be considered.

Opinion of the Bench

• The submissions of the petitioner’s counsel can only be verified during the trial.
• There is a prima facie case against the petitioner.
• The High Court would exercise its revisional jurisdiction only when there is a question of law. It cannot be done to ascertain the facts or merits of the case during an ongoing trial.

Final Decision

• The court disposed of the criminal revision petition.

Aarya Tyagi, an undergraduate student at the Institute of Law, Nirma University, Ahemadabad, prepared this case summary during his internship with The Cyber Blog India in May/June 2024.