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2013 Supreme(Bom) 1184

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MOHIT S. SHAH & SADHANA S. JADHAV, JJ.
Rajashree Kokate Marde
Vs.
The State of Maharashtra
Criminal Writ Petition No. 518 of 2013
Decided on: 2nd July, 2013

Advocates:
Advocate Appeared
Ms. RAJASHREE KOKATE MARDE, Petitioner-in-person.
Ms. REVATI-MOHITE - DERE, P.P. for the respondent-State.

Headnote:INFORMATION TECHNOLOGY ACT, 2000 - Section 67-A. - It was held that by efflux of time it was not possible to investigate into offence registered under Section 67-A of the Act.

       Indian Penal Code, 1860 - Sections 420, 467, 492 and 509 - Cheating. - Where police officer was already married and had two children, there, in absence of provisions, said police officer who assured petitioner to take whole responsibility of her and her family, could not be directed or ordered to marry with said petitioner and therefore writ petition seeking aforesaid relief filed by petitioner was dismissed.

JUDGMENT

SMT. SADHANA S. JADHAV, J. :- The Petitioner has approached this Court by filing a letter dated 31 January, 2013, which is registered as Criminal Writ Petition No.518 of 2013.

2. The Petitioner has by this letter contended that she had filed Criminal Writ Petition No.1362 of 2012 which she had sought a relief from this Court to pass an order that the Petitioner be married with Prashant Marde, who is working in the Police Department.

3. In the present Petition, she has stated in the letter that she was harassed by persons who had created a false E-mail account in her name and had exposed her to social obloquy. She has requested the Court to consider her grievance in Writ Petition No.1362 of 2012 which is disposed of by this Court by an order dated 22 January, 2013. It is alleged in this Petition that the Sessions Court has committed a grave error in allowing Criminal Revision Application No.679 of 2009 and thereby discharging the accused persons of the offences punishable under Sections 420, 467, 492, 509 of the Indian Penal Code and under Section 67A of the Information Technology Act, 2000. In the said proceeding, the Petitioner herein had alleged that the accused persons, who were applicants in Criminal Revision Application No.679 of 2009, had created a false E-mail account in her name and had solicited sexual favours. Initially, the accused were discharged by the Trial Magistrate and the said order was confirmed by the Revisional Court. The Revisional Court had observed in paragraph 8 of the impugned judgment that the complainant's daughter on 12 August 2008, had filed an application to the effect that she has no objection to discharge the present respondent-accused as it was Mohan Thamankar and Ravi Chavan, who are the persons instrumental in creating her profile.

4. The Petitioner herein has further prayed that this Court shall arrange her marriage with one Prashant Marde. According to the petitioner, Prashant Marde had orally assured her and promised her that he would take the entire responsibility of her and her family and, therefore, she is seeking a relief from this Court that they be given the status of husband and wife in accordance with law. According to her, she has been blessed by her relatives and that the Police Department has supported her and, therefore, she should be given the status of wife of Prashant Marde according to law.

5. While deciding Writ Petition No.1362 of 2012, this Court (Coram: A.S. Oka & A.P. Bhangale, JJ) had called for a report from the Commissioner of Police in respect of her grievances. In the said report, it is recorded that the Petitioner desires to get married with the said police officer, who is already married and is having two children. It is noted in the report that as a result of the conduct of the Petitioner, the said police officer is under an enormous stress. According to the Petitioner, she has wasted 14 years of her life waiting to get married and she wants to get married with the said police officer and she is seeking a direction from the Court in that behalf.

6. In the present Writ Petition, upon considering her first grievance about the judgment and order by which the accused were discharged, this Court had directed the Joint Commissioner of Police, Shri Himanshu Roy to personally look into the Petitioner's complaint either himself or through an officer experienced in cyber crimes and shall get the offence investigated and submit his report within two weeks from 8 February, 2013. Pursuant to the said directions, the learned P.P. had tendered a report dated 20 March, 2013 submitted by the Senior Police Inspector, Cyber Offences Investigation Cell, Crime Branch, Mumbai, wherein it is specifically stated that in the year 2012, Sandesh Chavan had shut down his Cyber Cafe and had sold his old computers and other equipments. According to the report, there was a theft in Cyber Cafe in 2010 and the CPU, Hard Disc and other allied gadgets were stolen and, therefore, it was not p









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