N. Raghavendra v. The State Of A.P.,

THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.15627 of 2014 ORDER:

This petition is filed under Section 482 of the Code of Criminal Procedure (for short, 'the CrPC') by the Petitioner in C.C.No.1178 of 2014 on the file of the learned Judicial Magistrate of First Class, Kurnool, to quash the proceedings in said case.

2. Heard the learned counsel for the petitioner so also the learned Public Prosecutor representing State-1st respondent before ordering notice to the 2nd respondent/de facto-complainant and perused the material on record.

3. Undisputedly, the Apex Court in the expression of Shreya Singhal Vs. Union of India[1] struck down Section 66-A with all its sub-clauses of Information Technology Act as unconstitutional, leave about Section 69-A and on perusal of the allegation shows the crime mainly registered is for the said offences since struck down and even Section 507 of I.P.C. is in connection therewith also considered to quash the proceedings.

4. Having regard to the above, the Criminal Petition is allowed by quashing the proceedings in C.C.No.1178 of 2014 on the file of the learned Judicial Magistrate of First Class, Kurnool.

The bail bonds of the petitioner/accused shall stand cancelled. Consequently, miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. ___________​______________ Dr. B.SIVA SANKARA RAO J, Date: 19.06.2015 Vvr [1] AIR 2015 SC 1523