IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 Crl.MC.No. 2016 of 2009(D) ----------------------------------- CRIME NO.218/2009 OF CHANDERA POLICE STATION PETITIONER(S): ACCUSED 1 TO 3 ----------------------------------------------- 1. L.K.JASEER,AGED 20 YEARS (STUDENT), S/O.M.C.MOHAMMED KUNHI,THEKKEPARAM, P.O.PADANNA,KASARGODE DISTRICT. 2. M.M.EJAZ,AGED 26 YEARS,S/O.T.K.P.ABDULLA VADAKKEPURAM,P.O.PADANNA,KASARGODE DISTRICT. 3. JABIR.P.,AGED 28 YEARS, S/O.LATE P.V.SULAIMAN HAJEE,BISMILLA HOUSE, THEKKEPARAM,P.O.PADANNA,KASARGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT(S): COMPLAINANT ------------------------------------------------ THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R1 BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 2016 of 2009-D ================== Dated this the 30th day of June, 2009. O R D E R Petitioners are accused in Crime No.218/2009 of Chandhera Police Station. Annexure A FIR shows that the case is registered under Section 66A of Information Technology Act, 2000 as amended by Amendment Act of 2008. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure A FIR contending that when the amended Section 66A is yet to come into force , as Information Technology (Amendment) Act, 2008 is not so far notified, no case could be registered for the said offence. 2. Learned Counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. There is force in the submission of the learned Counsel for the petitioner that when Information Technology (Amendment) Act, 2008 is not notified and did not come into force, petitioners cannot be prosecuted for an Crl.M.C.No.2016/2009-D -2- offence under Section 66A of Information Technology Act, 2000 (Act 21 of 2000) as amended by Amendment Act, 2008. Hence on that short ground, Annexure A FIR is to be quashed. At the same time that it does not mean that police is not entitled to proceed against the petitioners for an offence under the Indian Penal Code or any other enactment, if such an offence is attracted. 4. Crl.M.C. is allowed. Annexure A FIR for the offence under Section 66A of Information Technology (Amendment) Act, 2000 as amended by Amendment Act of 2008 is quashed making it clear that police is entitled to proceed against the petitioners, if any offence under Indian Penal Code or under any other penal provision is attracted. M.SASIDHARAN NAMBIAR JUDGE dkr