Salil Gupta v. State of U.P.

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Salil Gupta v. State of U.P.

Salil Gupta v. State of U.P.
In the High Court of Allahabad
Criminal Misc. Writ Petition No 24296 of 2013
Before Justice Surendra Singh and Justice Naheed Ara Moonis
Decided on Dec 10, 2013

Relevancy of the case: Whether an FIR under various provisions of the IT Act and the IPC can be quashed by a High Court?

Statutes & Provisions involved

  • The Information Technology Act, 2000 (Section 43, 65, 66A, 66E, 72)
  • Indian Penal Code, 1860 (Sec 420, 120B, 467, 468, 471)

Facts of the Case
Writ Petition was filed for quashing of FIR. This FIR has been filed at Lal Kurti Police Station, Meerut with case number 389/2013 under Section 43, 65, 66A, 66E, 72 of the IT Act, 2000 and Section 420, 120B, 467, 468, and 471 of the IPC.

Opinion of the Bench
The writ court is not competent to go into questions of facts and on the allegations, it cannot be said that no prima facie case is disclosed. The case was remitted back to the concerned Sessions/Special Judge to decide on the question of regular/interim bail.

Decision
Petition allowed.

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