Avijit Michael v. State of Maharashtra
In the High Court of Bombay
W.P. 4181/2018
Before Justice Ranjit More and Justice M.S. Karnik
Decided on November 18, 2019

Relevancy of the case: Petition to quash an FIR registered under Section 186 of the Indian Penal Code, 1860 and Sections 43(f) and 66 of the Information Technology Act, 2000

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 43(f), 66)
• The Indian Penal Code, 1860 (Section 186)

Relevant Facts of the Case

• The petitioner allegedly committed an offence under Section 186 of the Indian Penal Code, 1860, and Sections 43(f) and 66 of the Information Technology Act, 2000.
• The respondent filed an FIR against the petitioner for the said act.

Opinion of the Bench

• The petitioner did not commit the alleged offence in the FIR per the IT Act, 2000 provisions. The offence under the Indian Penal Code, 1860 is non-cognisable.
• The petitioner should cooperate in the investigation of the case.

Final Decision

• The court directed the police to file the chargesheet only after the court’s approval.