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HC quashes case against CSKHPKV scientist over ‘Abusive’ email
Shimla, May 19,
The High Court of Himachal Pradesh has quashed criminal proceedings against a scientist of CSK Himachal Pradesh Krishi Vishvavidyalaya, Palampur, in a case related to an alleged abusive email sent in 2015.
Justice Sandeep Sharma, while allowing a petition filed by Dr Tilak Raj Sharma, held that the allegations contained in the email did not prima facie constitute offences under Sections 504, 506 and 507 of the Indian Penal Code. The court observed that although the language used in the email was “filthy” and objectionable, it did not amount to criminal intimidation or intentional provocation to breach public peace.
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The FIR was registered at Palampur police station after a senior scientist of the university complained about receiving a derogatory email allegedly sent from an email account traced to an IP address linked to Dr Sharma. During investigation, police traced the IP address to a BSNL mobile connection registered in Sharma’s name and subsequently filed a challan under Sections 504, 506 and 507 IPC.
The petitioner argued that Section 66-A of the Information Technology Act, under which the complaint was initially lodged, had already been struck down by the Supreme Court and that the essential ingredients of criminal intimidation and intentional insult were absent in the case.
The High Court agreed with the contention, observing that mere use of abusive language does not automatically attract offences under Sections 504 and 506 IPC unless there is clear intent to provoke breach of peace or create alarm. The court also held that Section 507 IPC dealing with anonymous criminal intimidation was not applicable because the prosecution itself claimed that the email originated from the petitioner’s identified IP address.
Holding that continuation of the trial would amount to abuse of process of law, the court quashed the charge-sheet and all consequential proceedings pending before the trial court and discharged the petitioner.
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