HC: Lodging an FIR u/s 66A of the Information Technology Act, 2002 is unconstitutional [Read Order]

The Allahabad High Court has quashed an FIR lodged against a person under Section 66A of the Information Technology Act, 2002 and declared that such action is flagrant violation of order of the Apex Court.

The Division Bench comprising of Justice Manoj Mishra and Justice Anil Kumar while hearing the petition seeking quashing of the FIR filed by the petitioner Nand Lal Singh Yadav, directed the investigating officer to appear physically with the records and their explanations. Granting stay order and referring the judgment of Shreya Singhal, the Court has stated that

"We are amazed that despite Section 66-A of the Information Technology Act, 2000 having been declared ultra vires by the Apex Court in Shreya Singhal vs. Union of India, (2015) 5 SCC 1 yet F.I.R's are being registered in our State under the said provision.”

On the next date of hearing, the officer appeared and filed an affidavit stating that the offense is punishable under Section 66A. Act, no other crime against the accused has been disclosed. Recording this statement, the court has dismissed the FIR lodged against a person under Section 66A of the Information Technology Act, 2002 lodged  under Section 66A of the Information Technology Act, 2002.

The Supreme Court in a judgment in 2015 (Shreya Singhal v. Union of India) altogether repealed Section 66A of the Information Technology Act. Last year, the apex court expressed its concern and displeasure about the continued use of this 'unconstitutional' section 66A of the IT Act.

Case Details

Case :- CRIMINAL MISC. WRIT PETITION No. – 6684 of 2020

Petitioner :- Nand Lal Singh Yadav

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Sunil Kumar,Hira Lal Yadav

Counsel for Respondent :- G.A.

Bench: Justice Manoj Mishra and Justice Anil Kumar

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