Shimla, Oct 29,
The Himachal Pradesh High Court has directed the Superintendent of Police, Una, to file a supplementary challan under Section 67A of the Information Technology Act within two weeks in connection with a cyber harassment case. This directive comes after the petitioner, alleged that despite substantial evidence against the accused, including a sitting Member of the Himachal Pradesh Legislative Assembly, authorities have failed to file the supplementary challan since the initial investigation in 2022.
In this case, the petitioner contended that obscene images, edited and circulated online, caused her severe mental harassment. Her counsel argued that the inaction on filing the supplementary challan under Section 67A, despite prior commitment by the investigating agency, demonstrates undue influence from high-profile accused persons. The petitioner sought a transfer of the case to an independent agency, citing concerns over impartiality.
Justice Sandeep Sharma, presiding over the matter, noted that while a challan was previously filed under Sections 503 and 506 of the Indian Penal Code, the investigating agency had not yet fulfilled its undertaking to file the supplementary challan under the 67(a) of the IT Act. The court noted” …… More than two years have passed, but till date, supplementary challan has not been filed, which inaction on the part of the police certainly compels this Court to agree with the contention of the petitioner that there is some kind of pressure upon the police not to file supplementary challan in the aforesaid provision of law, which if permitted, may have serious consequences.” Acknowledging the delay, the court emphasized that further inaction could lead to penal consequences and contempt proceedings against the police.
In response, Additional Advocate General Rajan Kahol assured the court that the supplementary challan would be filed promptly. “ Mr. Rajan Kahol, learned Additional Advocate General representing the respondent-State, after having taken note of the aforesaid omission on the part of the investigating agency fairly states that supplementary challan, if not already filed, shall be filed expeditiously, enabling the court below to proceed with the matter and decide the same expeditiously,” noted the court.
Justice Sharma observed that, as per law, the petitioner retains the option to request further investigation from the Special Court, should she find the ongoing efforts unsatisfactory.
“ Since very grouse of the petitioner of not submitting charge sheet under Section 67 A of IT Act has been otherwise shown 6 to be redressed on account of filing of the charge sheet under Section 173 (2), wherein investigating agency has specifically undertaken before the Special Court to file supplementary challan under Section 67 of the Act, there appears to be no justification for this Court to accede to the prayer made by the petitioner to transfer the investigation from the police to some other agency, especially when FIR lodged at the behest of petitioner has culminated into charge sheet under Section 173 (2) coupled with the fact that petitioner is always at liberty to approach the special court for further investigation, if required,” directed the court further in the order.
The High Court concluded the hearing by directing that adequate security be provided to the petitioner if needed and scheduled a compliance review for November 26, 2024.
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