Lucknow: The Allahabad High Court has stayed an FIR against two men, observing that merely creating an email ID in another individual’s name does not, prima facie, fall within the offence of identity theft under Section 66-C of the Information Technology Act, 2008.
The order was passed by a Division Bench comprising Justice Abdul Moin and Justice Pramod Kumar Srivastava on September 1, 2026.
Background of the Case
The petitioners challenged an FIR dated July 23, 2026, registered as Case Crime No. 0193 of 2026 at Police Station Aaspur Devsara, Pratapgarh. The FIR invoked Section 356(2) of the Bharatiya Nyaya Sanhita (BNS) and Section 66-C of the Information Technology Act.
According to the petitioners, they were alleged to have created an email ID in the name of a third person and used it to send complaints. They argued that Section 66-C specifically concerns fraudulent or dishonest use of an electronic signature, password or other unique identification feature.
Court’s Observation
The Bench noted that the legislature had specifically used the expressions “electronic signature”, “password” and “unique identification feature” in Section 66-C, but had not included the words “e-mail ID”.
"Prima facie, the argument of Shri Ojha is found to be fallacious and misconceived."
The Court consequently held that, at the prima facie stage, the allegations did not establish an offence under Section 66-C merely on the basis of creating an email ID.
Decision
Finding a prima facie case for interference, the High Court stayed the impugned FIR dated July 23, 2026, until further orders.
It also directed that no action be taken against the petitioners by the authorities pursuant to the FIR.
Case Details
- Case Title: Krishna Kant Pandey And Another v. State Of U.P. Thru Prin. Secy. Home Lko And Others
- Case Number: Criminal Misc. Writ Petition No. 8317 of 2026
- Judge: Justice Abdul Moin and Justice Pramod Kumar Srivastava
- Decision Date: September 1, 2026
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