The Principal Civil Judge and JMFC Court, Belthangady, has discharged activist K. Somanath Nayak of Nagarika Seva Trust, Guruvayanakere, from offences under Section 66 (A) of the Information Technology Act.
The case relates to a complaint by Sukesh Jain accusing Mr. Nayak of circulating an SMS defaming the Dharmadhikari of Srikshetra Dharmasthala Veerendra Heggade following the murder of second year PU student Sowjanya.
The Belthangady police registered a case under Sections 295 (a) and 505 (1) of the Indian Penal Code and Section 66 (a) of the IT Act.
The police had filed a chargesheet for the offence under Section 66 (a) of the IT Act.
Following the apex court holding Section 66 (a) as unconstitutional in 2015, Mr. Nayak filed an application seeking discharge.
While allowing Mr. Nayak’s application, the Magistrate Satish S.T, in his order dated February 13, turned down contention of the Public Prosecutor that Mr. Nayak should be tried for the two offences under the IPC. The Magistrate said there was no material to take cognisance of other offences against Mr. Nayak.
