JOYMALYA BAGCHI, J. - (1.) Order dated 31.03.2016 passed by the learned Chief Judicial Magistrate, Malda in G.R. Case No. 3750 of 2014 pending before the learned Chief Judicial Magistrate, Malda arising out of English Bazar P.S. Case No. 910 of 2014 dated 10.10.2014 under Section 354A IPC read with Section 67A of the Information Technology Act rejecting the prayer for discharge of the petitioner from the aforesaid case has been assailed.
(2.) The gist of the allegations in the impugned first information report is to the effect that the petitioner had posted obscene messages through a social networking site in the account of the defacto complainant. It is further alleged that father of the petitioner over his mobile phone requested the defacto complainant not to take steps against the petitioner.
(3.) On the basis of the aforesaid allegations, FIR was registered and investigation was initiated. It has been submitted on behalf of the petitioner that he was discharging his official duties at the relevant time when the said messages are alleged to have been posted on the social networking profile of the defacto complainant. It has further submitted that the seizure of the mobile phone from the possession of the petitioner does not tally with the mobile phone alleged to have been used for the purpose of dispatch of such electronic message.;