- 1 - NC: 2025:KHC:3067 CRL.P No. 817 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 817 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI SANTHOSH @ SANTHOSH KOTYAN S/O SRINIVAS AGED ABOUT 33 YEARS, R/O BENAKA NILAYA, 1st FLOOR TAWAR ROAD, VIJAYAPURA CHIKKAMGALURU 577 101. …PETITIONER (BY SRI. GIRISH B BALADARE.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BASAVANAHALLI POLICE STATION CHIKKAMAGALURU DIST 577 101 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE 560 001. 2. MADHUSUDAN MAJOR, CPC-205, AGED ABOUT 40 YEARS, BASAVANAHALLI POLICE STATION, CHIKKAMGALURU 577 101. …RESPONDENTS (BY SMT. M.M. WAHEEDA, HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR FILED AGAINST PETITIONER IN CR.NO.128/2024 BY THE BASAVANAHALLI P.S. CHIKKAMAGALURU DIST. FOR THE OFFENCE P/U/S 66(D) OF I.T ACT SAME IS PENDING ON THE FILE OF ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C AT CHIKKAMAGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3067 CRL.P No. 817 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following reliefs: “a) Pleased to Quash the FIR filed against petitioner in Crime No.128/2024 by the Basavanahalli Police Station, Chikkamagalur District for the offence punishable u/s 66(D) of Information Technology Act, 2008, same is pending on the file of Addl. Civil Judge (Jr.Dn.) & JMFC, at Chikkamagaluru, in the interest of justice and equity. b) Grant such other relief’s as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner is alleged to have committed the offence punishable under Section 66(D) of the Information Technology Act, 2008 (for short ‘the I.T.Act’), in view of the facebook page shown in his facebook account, in relation to his registered mobile number. In this context, learned counsel invited my attention to the impugned FIR in order to point out that necessary ingredients constituting the offence under Section 66(D) of the I.T.Act are absent and consequently, the impugned proceedings deserves to be quashed. - 3 - NC: 2025:KHC:3067 CRL.P No. 817 of 2025 4. Per contra, learned HCGP for respondent No.1-State submits that there is no merit in the petition and that the same is liable to be dismissed. 5. As rightly contended by the learned counsel for the petitioner, the contents of the FIR will clearly indicate that merely on the basis of facebook status put in his facebook app account in relation to his registered mobile number, the alleged offence cannot be made out as is clear from the complaint and FIR. Under these circumstances, continuation of proceedings would amount to abuse of process of law and the same deserves to be quashed. 6. In the result, I pass the following: ORDER (i) Petition is hereby allowed. (ii) The impugned criminal proceedings in Crime No.128/2024 registered by respondent No.1 – Police, pending on the file of the Addl. Civil Judge (Jr.Dn.) & JMFC, Chikkamagaluru, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.