Section 66-a of it amendment act 2008

K K S V SOMESWAR (Querist) 08 August 2013 This query is : Resolved
A criminal case was booked against one official u/s Sec.66-A of IT Act 2008. Charge sheet says, two fake email IDs were created and mails were sent to different destinations which are derogatory and defamatory against some persons. Those persons made a complaint in Cyber crime police station. the mails were sent from internet cafes. no evidence or proof was recorded in internet cafes that the official has created and sent those mails except confession cum seizure panchanama in police station which were witnessed by another two officials. basing on police case the company suspended the official. in the charge sheet submitted in the court, except 7 witness from company side, 4 witness from internet cafe and one police witness no other material evidence is there. can the case be quashed in high court ?? if the case is quashed he can gain his employment back by revoking the suspension ?

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Ajay Bansal (Expert) 08 August 2013
High Court will not quash F.I.R. However trial court would give relief to accused. As far as service is concerned, department can hold and rely-upon its own proceedings.

Rajendra K Goyal (Expert) 08 August 2013
Fully agree with the advise of expert Ajay Bansal ji. Nothing more to add.

Guest (Expert) 08 August 2013
So far court case is concerned that matters much on the gravity of the case. Revocation of suspension in the department is always subject to exoneration from the charge.

Raj Kumar Makkad (Expert) 09 August 2013
You do work in private sector so management is not bound to follow the verdict of the court and even the govt. sector is not bound as the departmental decision may be otherwise.

Nothing can be opined about the proceeding of the court but one thing is sure that this is not a fit case for quashing of FIR.

prabhakar singh (Expert) 09 August 2013
No quash possible.The prosecution would go but it would be strict burden on prosecution
to prove the accused created FAKE IDS as the Cafe under duty to maintain register of visiting customer by date and time with
proof of IDs and getting the register
signed by the visiting customer,such procedure left,prosecution would be
required to do tooth and nail exercise for conviction.

Private employment can be terminated even without charges,then there is no point to comment as all would be depending on sweet will of employer.

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