In the High Court of Punjab and Haryana at Chandigarh

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Criminal Misc. No.M-295! of 2"" #$%M&
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'ate of decision().".2")
*a+ita C. 'as
...Petitioner
+.
,r+ind -ha.ur and another
.../es0ondents
....
Coram: Hon'ble Mr. Justice Inderjit Singh
.....
Present( Mr. 1i.ram Chaudhri and Ms. ,l.a 2arin3 ,d+ocates for the
0etitioner.
Mr. ,nu0am 4u0ta3 2enior ,d+ocate 5ith Mr. *aran 2ingh
2andhu3 ,d+ocate for res0ondent No..
Mr. Hemant 6assi3 ,d+ocate for res0ondent No.2-7.-.3
Chandigarh.
.....
Inderjit Singh, J.
*a+ita C. 'ass-0etitioner has filed this 0etition under 2ection
892 Cr.P.C. against ,r+ind -ha.ur and 7nion -erritory3 Chandigarh
res0ondents for :uashing of criminal com0laint No.598;" dated
..2"" titled as ,r+ind -ha.ur +ersus 2.2.P.3 7-3 Chandigarh filed
under 2ection 5!#)& Cr.P.C. #,nne<ure-P.& 0ending in the Court of
learned ,dditional Chief =udicial Magistrate3 Chandigarh as 5ell as
summoning order dated 5.>.2"" #,nne<ure-P.!& 0assed by the learned
,dditional Chief =udicial Magistrate3 Chandigarh +ide 5hich the
Parmar Harpal Singh
2013.10.09 10:31
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integrity of this document
Chandigarh
Cr. Misc. No.M-295! of 2"" #$%M&
?2@
0etitioner has been summoned to face trial under 2ections !5 and !! of
the Information and -echnology ,ct3 2""" #hereinafter referred to as Athe
I- ,ctB& along 5ith all subse:uent 0roceedings arising therefrom.
-he brief facts as stated in the 0etition are that the filing of
com0laint by res0ondent No. is 0er se illegal as the same is not
maintainable under the 0ro+isions of I- ,ct. /es0ondent No. has got the
0rocess issued against the 0etitioner by abusing the 0rocess of la5. In
order to 0ro+e the allegations made in the com0laint3 the com0lainant
a00eared in the 5itness bo< as CC-. -he com0lainant also 0roduced
/.2. 2ang5an as CC-23 -ej *umar 4oel as CC-) and Chanchal 2ingh3
'istrict Dducation $fficer3 7.-.3 Chandigarh as CC-8. $n the strength of
the same3 the learned trial Court3 0rima facie3 found that an offence
0unishable under 2ections !5 and !! of the I- ,ct is made out against the
0etitioner and summoned her to face trial. It is stated that the a+erments
made in the com0laint do not constitute any offence. -he com0lainant has
no connection 5hatsoe+er 5ith the school of the 0etitioner. He is neither
a 0arent nor a teacher or em0loyee of the school. ,ll the allegations
le+elled by him in the com0laint are based u0on the +ersion gi+en to him
by t5o 0ersons3 namely3 /.2. 2ang5an and -.*. 4oel3 5ho themsel+es did
not 0refer to file com0laint on their o5n behalf.
In the re0ly3 the a+erments of the 0etitioner are mainly denied
by the res0ondents.
I ha+e gone through the record and ha+e heard learned
counsel for the 0arties.
Parmar Harpal Singh
2013.10.09 10:31
I attest to the accuracy and
integrity of this document
Chandigarh
Cr. Misc. No.M-295! of 2"" #$%M&
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I find that ,r+ind -ha.ur3 Chairman3 4lobal Human /ights
Council3 Chandigarh com0lainant has filed the com0laint against Ms.
*a+ita C. 'as3 Princi0al3 2t. =ohn High 2chool3 2ector 2!3 Chandigarh
under 2ection 5!#)& Cr.P.C. ,s 0er the com0lainant3 /.2. 2ang5an and
-.*. 4oel a00roached the com0lainant 5ith the grie+ance that res0ondent
No.) in the com0laint #hereinafter referred to as Athe 0etitionerB& under her
su0er+ision3 the students of 2t. =ohn High 2chool ha+e been gi+en
immoral education and about illegal functioning of the school under the
garb of modern education. /.2. 2ang5an is the former em0loyee of 2t.
=ohn High 2chool3 5ho had been thro5n out of the school for the reason
that he raised +oice regarding misdeeds and illegal acts of the 0etitioner.
/.2. 2ang5an is an Information -echnology D<0ert and had been
a00ointed as Maintenance Eaculty 5ith 2t. =ohn High 2chool in ,ugust
2""5. It is stated that in the month of No+ember 2""93 there 5ere lots of
0ro+en allegations against the 0etitioner that under her su0er+ision3 some
sort of +ulgar training under the garb of modern education had been gi+en
to the students and one guardian3 namely3 -.*. 4oel had raised objections
on such .ind of illegal training because under the command of the
0etitioner3 an education to become a 0erfect ser+er hac.er 5as becoming a
routine feature of education in the school. Chen -.*. 4oel had raised this
matter3 then /.2. 2ang5an had decided to raise this matter +igorously
being a res0onsible citiFen and made a com0laint by 5ay of affida+it
before the 2ecretary3 'e0artment of Dducation3 7.-.3 Chandigarh3 5here
he had e<0lained each and e+ery thing. -he com0lainant is ha+ing all the
Parmar Harpal Singh
2013.10.09 10:31
I attest to the accuracy and
integrity of this document
Chandigarh
Cr. Misc. No.M-295! of 2"" #$%M&
?8@
documentary e+idence that the official I' mail of 2t. =ohn High 2chool
had been used for 5atching of 0ornogra0hy sites and a com0laint to
2enior 2u0erintendent of Police3 Chandigarh #res0ondent No. in the
com0laint& had also been made on ).2.2""9 by /.2. 2ang5an. -hat
com0laint is lying there 5ithout any result. , com0laint 5as filed to 22P3
Chandigarh and 2H$3 Police 2tation3 2ector 2!3 Chandigarh #res0ondents
No. and 2 in the com0laint& regarding the abo+e-said incidences on
2.".2""3 ho5e+er3 no action 5as ta.en on the abo+e-said com0laint. It
is also stated in the com0laint that the officials of Cyber Crime Cell3
Chandigarh are also sheltering the 0etitioner by gi+ing the e<0lanation on
behalf of her that 2t. =ohn High 2chool is gi+ing the 0erfection to its
students to counter the cyber crime.
, 0erusal of the com0laint #,nne<ure-P.& itself sho5s that
no offence is made out against the 0etitioner #res0ondent No.)& from the
a+erments of the com0laint. -here is general allegations that Ms. *a+ita
C. 'as is the Princi0al of 2t. =ohn High 2chool and immoral education is
being gi+en in the school and also that they 5ere trained as a 0erfect
hac.ers. -here is no other allegation in the com0laint. -here is nothing in
the com0laint 5hether this education is gi+en by Ms. *a+ita C. 'ass
herself or by some other teacher.
,t the time of arguments3 learned counsel for the res0ondents
argued in detail regarding the com0laint made by /.2. 2ang5an and -.*.
4oel to +arious authorities etc. and the in:uiries conducted by +arious
0ersons. -his Court is not concerned 5ith those in:uiries3 5hat are the
Parmar Harpal Singh
2013.10.09 10:31
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Chandigarh
Cr. Misc. No.M-295! of 2"" #$%M&
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findings of those in:uiries and 5hat is the effect of those in:uiries. Chile
0assing the summoning order3 the Court is to see 5hether from the
a+erments of the com0laint any offence is made out. ,s there is no direct
allegation against 0etitioner Ms. *a+ita C. 'as that she directly ga+e the
training to see 0ornogra0hy sites or ga+e the training regarding the
hac.ing etc. 5hich is immoral3 the Princi0al of the school cannot be held
+icariously liable under the criminal la5. $nly that she being the head of
the school i.e. being Princi0al cannot be held as accused for the offences
e+en if these are committed.
Eurther more3 the com0lainant himself3 in no 5ay3 is an
aggrie+ed 0arty. He is filing the com0laint on the basis of information
gi+en to him by one /.2. 2ang5an and -.*. 4oel. -his com0laint is li.e a
Public Interest Gitigation3 5hich is not 0ermissible under the criminal la5.
-he com0lainant in 0reliminary e+idence e<amined himself as CC- but
he has no 0ersonal .no5ledge of the matter. He has de0osed as 0er the
+ersion gi+en in the com0laint. CC-2 /.2. 2ang5an3 5ho 5as em0loyed
in the school3 stated that he came to .no5 about sho5ing of 0ornogra0hy
sites and education regarding contests regarding hac.ing in the year 2"">
and after that in the year 2""9. He had joined the school on .9.2""5 and
5or.ed till ).5.2""9. His duty 5as to loo. after the things li.e
maintaining of all the Hard5are and 2oft5are3 Net5or.ing and Internets3
Multimedia etc. Erom the 0erusal of this statement of CC-23 it loo.s that
he 5as the In-charge regarding this net5or. and internets etc. and he had
to ta.e 0ro0er ste0s to a+oid all these things and to gi+e 0ro0er ad+ice to
Parmar Harpal Singh
2013.10.09 10:31
I attest to the accuracy and
integrity of this document
Chandigarh
Cr. Misc. No.M-295! of 2"" #$%M&
?!@
the 2chool Management3 Princi0al etc. ,s 0er his statement3 one teacher
Mr. Michael ,nglo under the guidance of Ms. *a+ita C. 'as 5as gi+ing
training of hac.ing to the students. D+en if it is ta.en so3 then the main
accused is Mr. Michael ,nglo3 but he is not made a res0ondent;accused in
the com0laint for the reason best .no5n to the com0lainant. /ather3 it
sho5s the mala fide of the com0lainant to im0licate the Princi0al and to
lea+e the other 0erson against 5hom the main allegations are there. If as
0er the +ersion of the com0lainant3 Mr. Michael ,nglo is the main
accused3 then 5hy he has not been made accused and 5hy the allegations
are not le+elled against him in the com0laint. D+en his name does not
a00ear in the com0laint. -he com0lainant 5ants the 0unishment to the
Princi0al3 5ho is not directly in+ol+ed in the matter but ha+ing only
su0er+isory functions.
,t the time of arguments3 0hotostat co0y of one em0ty form
signed by the Princi0al 5as sho5n to me in 5hich the so-called training of
hac.ing is stated to ha+e been gi+en. -hat em0ty form is stated to be
signed by the Princi0al3 5hich in no 5ay3 reaches to any conclusion. CC-
8 Chanchal 2ingh3 'istrict Dducation $fficer mainly de0osed regarding
in:uiry conducted by him in the com0laint. -his statement also does not
0ro+e that the 0etitioner #res0ondent No.)& Princi0al has committed any
offence. CC-) -.*. 4oel has stated that his children are studying in the
school. It is stated that a com0laint 5as made against ,rt -eacher Mr.
Michael ,nglo but Ms. *a+ita C. 'as instead of ta.ing action against the
teacher3 she had tried to 0rotect the teacher by mis:uoting other children
Parmar Harpal Singh
2013.10.09 10:31
I attest to the accuracy and
integrity of this document
Chandigarh
Cr. Misc. No.M-295! of 2"" #$%M&
?>@
of same class. It is also stated that un-0arliamentary language used cannot
be illustrated here but he 5as submitting here5ith co0y of the com0laint
of the 0arents 5hich could be 0erused by this Court3 5hich is mar.ed as
CC-);,. ,t the time of arguments3 learned counsel for the res0ondents
argued that one obscene song 5as gi+en to the children to sing by Mr.
Michael ,nglo. ,gain the :uestion arises that all the allegations
regarding these obscene acti+ities are against Mr. Michael ,nglo3 but he
is not accused in the com0laint. ,t the time of arguments3 learned counsel
for the 0arties has 0erused the in:uiry re0orts conducted by Dducation
'e0artment3 Police3 by HonBble Mr. =ustice 2.2. 2odhi #/etd.& and of the
Minority Commission etc. -hese are all inconse:uential in the com0laint
because 5hile 0assing summoning order3 the Court is to see 5hat are the
a+erments in the com0laint and 5hat is the 0reliminary e+idence 0roduced
by the com0lainant on the record. , 0erusal of the com0laint and the
0reliminary e+idence sho5s that no sufficient ground is made out to
0roceed against the 0etitioner in the com0laint. $ther5ise also3 2ections
!5 and !! of the I- ,ct 0ro+ide as under(-
H65. Tamering !ith comuter source documents."
Choe+er .no5ingly or intentionally conceals3 destroys or
alters or intentionally or .no5ingly causes another to
conceal3 destroy or alter any com0uter source code used for a
com0uter3 com0uter 0rogramme3 com0uter system or
com0uter net5or.3 5hen the com0uter source code is
re:uired to be .e0t or maintained by la5 for the time being in
Parmar Harpal Singh
2013.10.09 10:31
I attest to the accuracy and
integrity of this document
Chandigarh
Cr. Misc. No.M-295! of 2"" #$%M&
?9@
force3 shall be 0unishable 5ith im0risonment u0 to three
years3 or 5ith fine 5hich may e<tend u0 to t5o la.h ru0ees3
or 5ith both.
Explanation.I Eor the 0ur0oses of this section3 Jcom0uter
source codeJ means the listing of 0rogrammes3 com0uter
commands3 design and layout and 0rogramme analysis of
com0uter resource in any form.
66. Comuter related o##ences." If any 0erson3 dishonestly
or fraudulently3 does any act referred to in section 8)3 he shall
be 0unishable 5ith im0risonment for a term 5hich may
e<tend to three years or 5ith fine 5hich may e<tend to fi+e
la.h ru0ees or 5ith both.
Explanation.- Eor the 0ur0ose of this section3-
#a& the 5ord HdishonestlyK shall ha+e the meaning assigned
to it in section 28 of the Indian Penal Code #85 of 9!"&L
#b& the 5ord HfraudulentlyK shall ha+e the meaning assigned
to it in section 25 of the Indian Penal Code #85 of 9!"&.K
, 0erusal of these 0ro+isions itself sho5s that no offence is made
out. 2ection 8) of the I- ,ct 0ro+ides as under(-
H$%. &enalt' and comensation #or damage to comuter,
comuter s'stem, etc. " If any 0erson 5ithout 0ermission of
the o5ner or any other 0erson 5ho is in-charge of a com0uter3
com0uter system or com0uter net5or.3 I
Parmar Harpal Singh
2013.10.09 10:31
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integrity of this document
Chandigarh
Cr. Misc. No.M-295! of 2"" #$%M&
?9@
#a& accesses or secures access to such com0uter3 com0uter
system or com0uter net5or. #or com0uter resource&L
#b& do5nloads3 co0ies or e<tracts any data3 com0uter data
base or information from such com0uter3 com0uter system or
com0uter net5or. including information or data held or
stored in any remo+able storage mediumL etc.
<< << << << <<K
In the 0resent case3 the com0uter net5or. belongs to the school of
the 0etitioner. Com0uter net5or. is o5ned by the school and the
Princi0al is o5ner;in-charge of the com0uter system and if any 0erson
commits any of the acts 0ro+ided in 2ection 8) of the I- ,ct3 he can be
held liable nor the o5ner. -herefore3 the offence under 2ections !5 and
!! of the I- ,ct are also not made out from the com0laint or from the
0reliminary e+idence.
,t the time of arguments3 learned counsel for the 0etitioner
also argued 5hether a com0laint lies under 2ections !5 and !! of the I-
,ctM In my +ie53 this need not to be decided in this case being not
necessary for the dis0osal of the 0etition as I ha+e already held that no
sufficient ground e<ists in +ie5 of the a+erments made in the com0laint as
5ell as 0reliminary e+idence to summon the 0etitioner under 2ections !5
and !! of the I- ,ct.
Einding merit in the 0etition3 the same is allo5ed. -he
criminal com0laint No.598;" dated ..2"" titled as ,r+ind -ha.ur
+ersus 2.2.P.3 7-3 Chandigarh filed under 2ection 5!#)& Cr.P.C.
Parmar Harpal Singh
2013.10.09 10:31
I attest to the accuracy and
integrity of this document
Chandigarh
Cr. Misc. No.M-295! of 2"" #$%M&
?"@
#,nne<ure-P.& as 5ell as summoning order dated 5.>.2"" #,nne<ure-
P.!& and all subse:uent and conse:uential 0roceedings arising therefrom
are set aside.
$ctober )3 2"). (Inderjit Singh)
Judge
Nhs0N
Parmar Harpal Singh
2013.10.09 10:31
I attest to the accuracy and
integrity of this document
Chandigarh