Shimla (Himachal Pradesh) [India], May 19 : The Himachal Pradesh High Court has quashed an FIR and criminal proceedings against scientist Dr. Tilak Raj Sharma in connection with an alleged abusive and threatening email case, observing that continuation of the trial would amount to an abuse of the process of law.
The FIR was registered at Palampur police station on March 10, 2015, on a complaint lodged by a senior scientist of CSK Himachal Pradesh Krishi Vishvavidyalaya. The complainant alleged that he had received a derogatory and threatening email from the address.
During the investigation, police traced the IP address linked to the email to a BSNL GSM connection registered in the name of Sharma. A charge-sheet was subsequently filed against him under Sections 504, 506 and 507 of the Indian Penal Code pertaining to intentional insult, criminal intimidation and anonymous criminal intimidation.
Challenging the proceedings before the High Court, Sharma contended that the case was fabricated to malign his reputation and damage his career. His counsel argued that there was no conclusive evidence establishing that the alleged email had been sent from the petitioner's IP address and that the essential ingredients of the offences invoked were not made out.
The State and the complainant defended the investigation and maintained that sufficient electronic evidence had been collected during the probe.
While hearing the matter, Justice Sandeep Sharma observed that mere use of abusive language would not attract Section 504 IPC unless it was capable of provoking breach of peace or commission of an offence. The court further held that the material placed on record was insufficient to establish criminal intimidation.
Holding that continuation of the criminal proceedings would subject the petitioner to an unnecessary ordeal and constitute abuse of the legal process, the High Court allowed the petition and quashed the FIR along with all consequential proceedings against Sharma.
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