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FIR under both IPC and IT ACT, is it valid?


11-Apr-2023 (In Cyber Crime Law)
Hello respected members, an FIR is filed by police under section 419, 420, 120B, 66C and 66D of IT Act (CASE RELATES TO DATA THEFT ONLINE) but as per recent judgement by Bombay high court in a similar case had said, prosecution under both IPC and IT act violates the rule of DOUBLE JEOPARDY and Bombay high court quashed the FIR as far as it related to IPC. nCan we take that judgement of Bombay high court as basis to get the case quashed for sections under IPC? if yes, what is the procedure? Should we go to high court or can trial court do this? And, Is plea bargain possible in cases related to IT act?nnAlso, is there any lawyer here who deals in these cases? I need an advocate in Delhi. Please share your contact details.
Answers (5)

Answer #1
936 votes
hello client as i can see your issues is really important in this matter i can offcourse can help you . as you are willing to get the FIR quashed by high court yes it can be done but before saying and thing need to go through your full file so able to understand your issue in which youbhav ebeen implicated.
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Advocate Vishwanath Pratap Singh

Adv. Vishwanath Pratap Singh

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Answer #2
998 votes
The quashing of the FIR is done by the HC of the concerned state only. Yes the judgment of Bombay High Court will be applicable on the trial court. Plea bargaining can be possible under 420 cases. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #3
826 votes
Only the High Court of Delhi in your case has the power to quash a false and frivolous F.I.R. Quashing is done when there is an abuse of the powe. The court will look into the evidence and decide the matter. Now let's come to the concept of Double Jeopardy. An accused person cannot be tried again on the same charges after an acquittal. Data theft will attract the sections under the IT Act. If you believe that you have a strong case and have facts//evidences to support that. I would encourage you to approach the High Court.
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Advocate Kunal Sinha

Adv. Kunal Sinha

LawRatoDelhi | 200+ Answers
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Answer #4
680 votes
Hello sir. I am Advocate Sumit Goyal practicing in courts of Delhi. Can you come to my office with relevant documents. about judgement, we will have to verify the facts of your case with the facts of bombay case
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Advocate Sumit Goyal

Adv. Sumit Goyal

LawRatoDelhi | 50+ Answers
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Answer #5
523 votes
No its not at all valid…. When special act is involved it supersedes Indian Penal Code. Its not about double jeopardy but accused cant be charged under both the acts that is one special act and other Indian Penal Code
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Advocate Siddharth Narang

Adv. Siddharth Narang

LawRatoDelhi | 25+ Answers
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