Case Note & Summary
The petitioner, Sri Siva Rama Krishna Chennuboina, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR in Crime No.12/2021 registered by the Cyber Crime Police Station, C.I.D., Bengaluru for offences punishable under Sections 66, 66(F), 84(C) of the Information Technology Act, 2008 and Section 380 of the Indian Penal Code, 1860. The petitioner was an intern at the Indian Institute of Science, Bengaluru and was alleged to have hacked the website of the Aeronautical Development Agency (ADA) and stolen data. The petitioner contended that the FIR was not maintainable as no sanction under Section 45 of the IT Act was obtained, which is mandatory for taking cognizance of offences under the Act. The respondents argued that the offences under the IPC do not require such sanction. The Court examined Section 45 of the IT Act, which provides that no court shall take cognizance of any offence under the Act except on a complaint made by a person authorized by the Central Government or State Government. The Court noted that the FIR was registered for offences under the IT Act and IPC, but the investigation was based on the IT Act offences. Since the mandatory sanction was not obtained, the entire proceedings were vitiated. The Court quashed the FIR and all proceedings arising therefrom, holding that the absence of sanction renders the proceedings an abuse of process of law.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Sanction under Section 45 of IT Act - The petitioner sought quashing of FIR registered for offences under Sections 66, 66(F), 84(C) of IT Act and Section 380 IPC on the ground that no sanction under Section 45 of IT Act was obtained. The Court held that Section 45 of IT Act mandates that no court shall take cognizance of any offence under the Act except on a complaint made by a person authorized by the Central Government or State Government. Since the FIR was registered without such sanction, the proceedings are an abuse of process of law and liable to be quashed. (Paras 3-5)
Issue of Consideration
Whether the FIR registered for offences under Sections 66, 66(F), 84(C) of the Information Technology Act, 2008 and Section 380 of IPC can be quashed for want of mandatory sanction under Section 45 of the IT Act?
Final Decision
The Court allowed the petition and quashed the FIR in Crime No.12/2021 registered by Cyber Crime Police Station, C.I.D., Bengaluru and all proceedings arising therefrom pending before the 1st Additional Chief Metropolitan Magistrate, Bengaluru.
Law Points
- Sanction under Section 45 of IT Act is mandatory for taking cognizance of offences under Sections 66
- 66(F)
- 84(C) of IT Act
- 2008
- Absence of sanction renders FIR and proceedings liable to be quashed under Section 482 CrPC
