Point of Law: High Court should be extremely cautious about interfering with the investigation and should not stall the investigation unless it is convinced beyond any manner of doubt that FIR does not disclose any commission of an offence, and it is highly detrimental to the public interest.

JUDGMENT :

Nitin Jamdar, J.

Rule. Rule made returnable forthwith. Respondents waive service. Taken for disposal.

2. On 26 March 2021, the Respondent No.2-Assistant Commissioner of Police filed a First Information Report at the Cyber Crime Police Station, Mumbai, with the allegation that on 23 March 2021, Mr. Devendra Fadnavis, the Leader of the Opposition, in an interview on a television news channel produced a copy of the secret/confidential letter addressed by Ms. Rashmi Shukla, the Commissioner State Intelligence Department to the Director-General of Police. It was also alleged that the Leader of the Opposition also showed a pen drive containing sensitive and confidential material concerning the police force in Maharashtra obtained by State Intelligence Department through interception. Crime C.R. No.02 of 2021 was registered with Cyber Cell, BKC, Bandra (East) against unknown persons on the allegation that confidential material received through legal interception was illegally obtained and supplied to an unauthorised person, thereby committing offences under the Indian Telegraph Act, 1885, Information Technology Act, 2000 and, the Official Secrets Act, 1923.

3. Ms. Rashmi Shukla, who was Commissioner of the State Intelligence Department at the relevant time, has filed this petition for quashing the C.R. No.02 of 2021. In the alternative, the Petitioner prays that the investigation pursuant C.R. No.02 of 2021 be transferred to the Central Bureau of Investigation.

4. We have heard Mr. Mahesh Jethmalani, the learned Senior Advocate, for the Petitioner and Mr. Darius Khambata, the learned Senior Advocate for the Respondent-State of Maharashtra and Mr. Anil Singh, the learned Senior Additional Solicitor General, for the Respondent - Central Bureau of Investigation.

5. The impugned FIR bearing No. 2 of 2021 does not name the Petitioner. Upon a query as regards the stand of the Respondent-State on this issue, the learned Senior Advocate for the Respondent State, on instructions, informed that there is material against the Petitioner and no statement can be made that the Petitioner will not be named as an accused. The learned Senior Advocate for the State sought to produce some material in that regard in a sealed envelope for the perusal of the Court alone. Since the material could be against the Petitioner and we may be required to render a finding based on the same, we did not the sealed envelope on record. In light of this position, the learned Counsel for the parties have proceeded to address us in the Petition.

6. The Petitioner is an officer of the Indian Police Service, appointed in the year 1988. The Petitioner worked at various places in the State of Maharashtra. On 11 October 2018, the Petitioner was appointed as the Commissioner of State Intelligence Department (SID). On 25 August 2020, the Petitioner addressed a communication to the Director-General of Police, State of Maharashtra. In this communication, the Petitioner stated that numerous complaints allege a network of brokers with political connections who are engaging in the desirous posting of police officers in the State in exchange for large sums of money. In order to ascertain the veracity of these reports, phone numbers of those involved in nefarious activities were placed under telephone surveillance upon taking necessary permissions. It was stated that there is merit in the complaints, and police officers ranging from inspectors to several high ranking IPS officers are in contact with undesirable individuals. The Petitioner annexed a factual report substantiating the findings and recommended a high-level enquiry to be undertaken and the matter be brought to the notice of the Chief Minister of Maharashtra. Upon receipt of this communication, Mr. S.K. Jaiswal, who was the Director-General of Police of Maharashtra (DGP), wrote to Mr. Sitaram Kunte, who was the Additional Secretary (Home), the State of Maharashtra, on 26 August 2020, informing him that the report has bee