Penal Code, 1860: s.292 - Offence relating to obscene
material in electronic form - Proceedings uls.67 of IT Act dropped
against appellant, but proceedings uls.292 not dropped - High
c
Court declined to interfere on the ground that there was sufficient
material showing appellant :S- involvement to proceed against him
for commission of offence punishable u/s.292 - Whether appellant
who has been discharged uls. 67 of IT Act could be proceeded ul
s.292 - Held: Obscenity pertaining to electronic record falls under
the scheme of IT Act - IT Act is a special law - Special law shall D
prevail over the general law - Therefore, the special provisions
having overriding effect cover a criminal act and the offender, and
the appellant in the instant case would get out of the net of s.292 -
Criminal proceedings lodged against appellant quashed - Obscene
Books and Pictures Act, 1856 - Obscene Publications Act, 1925 - E
Informatfon Technology Act, 2000 - ss.2(1)(t), 67A, 678, 69, 79,
81.