Dr. Shiva Jatan Thakur v. Union of India
2011 108 AIC 748
In the Gauhati High Court
Cr. P. 257/2011
Before Justice I.A. Ansari
Decided on June 16, 2011

Relevancy of the case: Quashing of FIR in a case involving fake accounts and uploading obscene pictures of ex-girlfriend

Statutes & Provisions Involved

• The Information Technology Act, 2000 (Section 66A, 66E,67,80)
• The Indian Penal Code, 1860 (Section 500, 506, 507, 509)
• The Constitution of India, 1950 (Article 227)

Relevant Facts of the Case

• The petitioner and the respondent were in a brief relation of two months and due to certain reasons, the relation was ended by the respondent. The petitioner who did not take it well created three Facebook accounts with obscene pictures of the respondent with some disturbing descriptions.
• The respondent came to know about it when a friend called the respondent during class hours and informed about him seeing certain obscene pictures of the respondent on Facebook. Upon investigation, it was found out that it was the petitioner put up these pictures.
• The petitioner even hacked the respondent’s email and sent vulgar photos and messages to strangers and friends. The petitioner called the respondent and asked her to marry him and he will remove the photos from the social media. The respondent claimed of having evidence like voice recordings to prove he created the Facebook account.
• After the incident took place, the respondent had to go through emotional and physical trauma. The respondent was questioned and mocked in the public and she started to consult psychologists since she was not able to concentrate on studies.
• The petitioner has filed a petition in the High Court to quash and set aside the FIR and the charge sheet of the case, which was submitted on the completion of the case.

Opinion of the Bench

• After reading the FIR, it is clear that the petitioner appears to have committed offences as mentioned by the petitioner not only under the Indian Penal Code, 1860 but also under the Information Technology Act, 2000. This case falls under Part II of the First Schedule of the Code of Criminal Procedure, 1973 and it is triable. The question of quashing of FIR does not arise. No infirmity in the investigation is found in order to quash the charge sheet.

Final Decision

• The court held that the present case has no substance to stand and it must necessarily fail. The present petition was accordingly dismissed.

This case summary has been prepared by Afsana Khan, an undergraduate student at Symbiosis Law School, Hyderabad, during her internship with The Cyber Blog India in June/July 2020.