LUCKNOW: A charge sheet filed under Section 66A of the Information Technology (IT) Amendment  Act, 2008 has been overturned by the Allahabad High Court's Lucknow bench. According to the Supreme Court's directions, no FIR should be launched under the Act's provisions.

"I put my note that this case is a clear-cut example of non-application of mind by the Investigating Officer who has filed charge sheet on Section 66A of the IT Act, 2008, which has already been knocked down by the Apex court," Justice Rajesh Singh Chauhan said.

The court was considering a plea filed under Section 482 CrpPC, which sought to have the charge sheet and summons order for the offence quashed under Section 66A of the IT (Amendment) Act 2008.

Aniruddh Kumar Singh, additional government advocate (AGA), argued that the constitutionality of Section 66A of the Information Technology Act, 2000 was challenged before the Apex Court in Shreya Singhal vs. Union of India, reported in (2015) 5 SCC 1, in which the apex court struck down Section 66A of the Information Technology Act, 2000, finding it to be in violation of Article 19 (1) (a) of the Indian Constitution.

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