Section 78 Information Technology Act: FIR to be registered by Police Inspector but now below the rank of Inspector of Police

 

        The High Court of Karnataka at Dharwad bench while dealing with a case, involving offence punishable under section 66E of the Information Technology Act,  has said that the FIR can be registered by the Police Inspector but not below the rank of  Inspector of Police.
        

        A single bench Judge of Karnataka  High Court, Justice V. Srishananda  dismissed the petition filed by petitioner for quashing the registration of the FIR for the offence punishable under section 66E of the IT Act lodged by Shayeesta Aga ( complainant). The petitioner had opened a fake instagram account in the name of the complainant and posted obscene and obnoxious posts in the said account. The case is under investigation.
      

          The present case came to be challenged on the ground that the offence being non-cognizable was required to be taken recourse by investigation agency under section 155(2) CrPC and that the Police Sub-Inspector was incompetent to register the case and thus quashing of further proceedings was sought.
        

        The bench noted the fact that there was post in the instagram account which was not opened by the 2^nd respondent complainant, and there is a specific allegation that the petitioner who opened the fake instagram account in the name of the 2^nd respondent, registration of the case and investigation is very mush necessary to unearth the truth in the incident because of the cognizable nature of the offence.
      

          The bench added,  considering section 78 of the IT Act, that there is no bar to register a case by a police officer lesser in the rank that of a Inspector of Police.

        Section 78 says
        “Notwithstanding anything contained in the Code of Criminal Procedure , 1973 (2 of 1974), a police officer not below the rank of Inspector shall investigate any offence under this Act”
        

        It is noticed by the Hon’ble High Court that since no investigation has taken place because of the interim order of stay granted to the petitioner, so the rights of the petitioner is not jeopardised so as to seek for intervention of the Court by exercising the power under section 482 CrPc.

Case: Neha Rafiq Chahchadi vs. State of Karnataka and Anr (Criminal Petition no. 102165 of 2019
Date of Order: 3/07/2023