Final Order 1

Order Details: Order below Ex-1
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IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS
RAILWAY COURT, ANDHERI, MUMBAI
C. C. No. 1961/PW/2018
The State
(Oshiwara Police Station) ...Prosecution
V/s.
Kunal Pushpendra Singh ...Accused
ORDER BELOW EXH. NO. 01
1. Today, accused appeared and has applied for permission for
re-issuance of passport. It is general practice while accepting such
application ingredients of offences attracted are seen by me. In present
case accused is charge-sheeted of an offences punishable under Sections
43 (a) (i) (j) and 65 of the Information of Technology Act, 2000.
2. First of all there is no offence under Section 43 of the
Information Technology Act, 2000. Section 43 provides for penalty and
compensation and jurisdiction of the adjudication of the same is given
to Central Government by the person not below the rank of director to
the Government of India or an equivalent officer of State Government.
As there is no penal offence under Section 43 of the Information of
Technology Act, 2000 there is no reason before me to charge the
accused under that provision.
3. Section 65 of the Information of Technology Act, 2000
provides for tempering with computer resource documents – is
specifically provides for tempering with computer source code. It is the
case of the prosecution that the accused has deleted the photos and
other information in the Facebook account of his ex-wife. Considering
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the allegations to be true. Still as it was not any
source code offence
punishable under Section 65 of the Information of Technology Act,
2000 will not attract. Therefore, there is no reasons before me to
charge the accused under Section 65 of the Information of Technology
Act, 2000.
4. There might be interference in the privacy of the informant
and deleting of the private data of the informant by the accused. For
that relief Section 43 of the Information of Technology Act, 2000
provides for adjudication by appropriate authority appointed by Central
Government under Section 46 of the Information of Technology Act,
2000. In no way offence punishable under Section 65 of the
Information of Technology Act, 2000 will attract. Therefore, after
considering the police report and the documents along-with with
report, there is no reason before me to consider any charge against the
accused. Whatever, charges are leveled in charge-sheet filed by police
are totally groundless. Therefore, the accused Kunal Pushpendra Singh
is discharged under Section 239 of the Code of Criminal Procedure.
( N. V. Bansal )
Judicial Magistrate First Class ,
Date : 28/02/2025 Railway Court, Andheri, Mumbai.
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