The Karnataka High Court has refused to quash the case lodged against a woman residing in Dubai in which she faced allegations of uploading obscene videos to the Internet through SIM card purchased in her name.
The woman, residing in Dubai for 13 years, had filed a petition seeking the quashing of the case against her in Bengaluru East Cyber Crime Police Station.
The petition was taken up by the bench headed by Justice K. Natarajan recently, which quashed the petition and asked her to cooperate with the investigating agencies.
The bench further stated that since the SIM card used for the crime was purchased in the name of the petitioner, her name was included, which did not mean that she was guilty.
The petitioner was a suspect accused and she needed to be investigated to reach the real culprits in the case. The court also stated that the petitioner woman has to appear before the investigating officers to get her name taken out from the case.
The court also stated that she will have to officially authenticate that someone had made a purchase of a SIM card in her name and it will help to file a charge sheet against the real culprits.
The case was lodged against the woman based on the information provided by the mobile service provider. The case was lodged under Section 67 and 67 (B) of the Information Technology Act.
The counsel for the woman submitted that the petitioner has been residing in Dubai for 13 years and if a SIM card was purchased in her name in Bengaluru without her knowledge, she was not responsible.
The public prosecutor argued that the investigation has to reveal the truth whether the SIM card was purchased without her knowledge or she had made the purchase and given it to the other person. In this background, the investigation should continue, he submitted.