MADURAI: The Madras High Court has partly quashed a First Information Report (FIR) registered against a Bharat Sanchar Nigam Limited employee under the Information Technology Act, 2000 for allegedly manipulating the computer system at a telephone exchange in Keeranur.
Disposing of a writ petition filed by the employee, Justice G. Rajasuria held that the Pudukottai Crime Branch police had erroneously registered the case under Section 43(g) of the IT Act which could be dealt only under the Civil Procedure Code.
However, the investigating agency was free to proceed with the case with respect to the provisions of the Indian Penal Code, he said.
Petitioner’s counsel, K.P.S. Palanivel Rajan, said the Section 43 (g) states that a person facilitating access to a computer, computer system or network in contravention of the Act was liable to pay damages up to Rs. 1 crore by way of compensation.
Any allegation of flouting the Section could be adjudicated only by an officer, equivalent to the rank of Director in the Central Government or State Government, who shall exercise the powers of a civil court.
The FIR had been registered under 406 (criminal breach of trust), 420 (cheating) and 468 (forgery for the purpose of cheating) of IPC besides the IT Act.
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