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Bikram Singh vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 24 March 2011 · Citation: (2011) 03 P&H CK 0201

HON’BLE JUDGES
Alok Singh, J
ACTS & SECTIONS REFERRED
Information Technology Act, 2000 — Section 67A · Penal Code, 1860 (IPC) — Section 294, 438(2)
CASE NUMBER
Criminal Miscellaneous No. M-1403 of 2011
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Judgment

6 paragraphs · 268 words

Alok Singh, J.—This is an application seeking anticipatory bail in case FIR No. 282 dated 21.12.2010, u/s 294 of the Indian Penal Code and Section 67-A of Information Technology Act, registered at Police Station Civil Line, Patiala.

2.

Affidavit of Mr. Gurpreet Singh Gill, Senior Superintendent of Police, Patiala is handed over in the Court, which is taken on record.

3.

Mr. Gurpreet Singh Gill, Senior Superintendent of Police, Patiala and Mr. Harbhajan Singh, Superintendent of Police are present in person.

4.

Mr. Harbhajan Singh, Superintendent of Police states that he is M.A. (Economics) and had never been student of Science. This Court fails to understand as to how cyber crime and criminal case under the Information Technology Act can be investigated by the officer, who had never been student of Science and does not know ABCD of the Cyber Crime or Information Technology. Mr. Gurpreet Singh Gill, Senior Superintendent of Police states that Punjab Police has Cyber Crime Cell at Fatehgarh Sahib, therefore, he shall take necessary steps to change the Investigating Officer after seeking approval from the appropriate authority.

5.

Mr. Harbhajan Singh, Superintendent of Police, states that Petitioner has joined the investigation.

6.

Considering the totality of the facts and circumstances of the case, order dated 25.01.2011 is made absolute, subject to the limitations provided u/s 438(2) of the Code. Petitioner-accused shall participate in the investigation as and when he is required by the Investigating Officer. In case, Petitioner fails to join the investigation on the call of the Investigation Officer, Investigation Officer shall be at liberty to move this Court for cancellation of bail.