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Court refuses petition for FIR under IT Act

Published - January 31, 2020 01:53 am IST - New Delhi

Plea is filed against an MM court order

A Delhi court has dismissed a revision petition against a Metropolitan Magistrate court order dismissing a plea for ordering an FIR against two persons under the Information Technology (IT) Act.

The revisionist alleged that the respondents had hacked his email account and submitted the emails to the Delhi High Court in a defamation suit filed by him against them.

He further alleged that the respondents had committed offences under different Sections of Indian Penal Code and the IT Act by sharing the emails with a third party.

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“A bare perusal of copies of those emails would reveal that same have been shown to have been sent from the email account of the complainant to different parties. Only bald allegations have been made by the complainant and in present revision petition also, it has not been shown why and in what manner a police investigation is required,” Additional Sessions Judge Kuldeep Narayan said.

“The trial court said that after leading complainant evidence, if need arises, an inquiry under Section 202 CrPC may be conducted. The exercise of discretion by trial court in not ordering registration of the FIR is just and proper in the given facts and circumstances,” the Judge stated, adding: “I do not find any infirmity, illegality, impropriety or irregularity in the impugned order passed by the trial court.”

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