Allahabad High Court: A Division bench of Ramesh Singh and Raj Beer, JJ., directed the Senior Superintendent of police to file a personal affidavit with regard to an explanation on how an FIR was filed under Section 66A of the Information Technology (Amendment) Act, 2008?
Som Veer, Counsel for the petitioner submitted that the present FIR had been registered against the accused respondent’s 4 to 6 for an offence under Sections 66A and 67B Information Technology (Amendment) Act, 2008 along with Sections 294, 500, 504, 506 and 509 of Penal Code, 1860.
In Supreme Court’s decision in Shreya Singhal v. UOI, (2015) 5 SCC 1, FIR under Section 66A of the Information Technology (Amendment) Act, 2008 cannot be registered as the same had been declared to be ultra vires.
High Court directed the Senior Superintendent of Police, Mathura to file a personal affidavit explaining how the FIR had been registered under Section 66A of the Information Technology (Amendment) Act, 2008.
Matter to be heard on 26-08-2020. [Mohan Singh v. State of U.P., 2020 SCC OnLine All 920, decided on 31-07-2020]
