VIJAY BISHNOI, J. - (1.) THIS criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner with the prayer for quashing proceedings of Criminal Case No.300/2013 (State Vs. Surendra Sankhla) arising out of FIR No.131/2013, Police Station Sardarpura, Jodhpur, pending in the Court of Chief Judicial Magistrate, Jodhpur Metropolitan.
(2.) LEARNED counsel for the petitioner has submitted that the respondent No.2 has filed an FIR No.131/2013 at Police Station Sardarpura, Jodhpur on 4.6.2013 while alleging that her mobile number has been uploaded on Facebook by creating a fake ID and on account of that, she is facing great inconvenience, as unknown persons used to call her any time and abuse her on phone. It is alleged that the fake account on Facebook is in the name of Nisha Jain since 31 st October, 2011.
(3.) THE police after investigation has filed charge sheet against the petitioner for the offences under Sections 66A of the Information and Technology Act, 2000 (hereinafter referred to as 'the IT Act'. The trial against the petitioner is also pending. Learned counsel for the petitioner has submitted that the police has falsely implicated the petitioner, though the petitioner has not committed any offence as alleged in the FIR or under Section 66A of the IT Act. It is also submitted by learned counsel for the petitioner that the statement of complainant has been recorded by the trial court on 2.4.2014 wherein also she has specifically contended that the petitioner has not made any fake ID account on Facebook and has not displayed her phone number.;