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Cri. Writ Petition 1901.21.doc

JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO. 1901 OF 2021

Rashmi Uday Shukla,

Residing at Campus

C.R.P.F. Chandrayangutta,

Keshogiri, Hyderabad,

Telangana – 500 0051

..

Petitioner

v/s.

1. The State of Maharashtra

Through Cyber Crime Police Station

BKC, Mumbai

2. Kayomarz Baman Irani

Assistant Commissioner of Police

Age 54 years, Occ. : Service

Having office at

State Intelligence Department

Mumbai

3. Central Bureau of Investigation

Through Director, 6^th Floor,

CGO Complex, Lodhi Road,

New Delhi – 110003

..

Respondents

….

Mr. Mahesh Jethmalani, Senior Advocate, along with Ms. Gunjan

Mangla, instructed by Sameer P. Nangre, for the Petitioner.

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Cri. Writ Petition 1901.21.doc

Mr. Darius J. Khambata, Senior Advocate, along with Mr. J.P.

Yagnik, Assistant Public Prosecutor, Mr. Pheroze Mehta and Mr.

Tushar Hathiramani, for Respondent No.1 and 2 -State.

Mr. Anil Singh, Additional Solicitor General, along with Mr. Aditya

Thakkar, Mr. D.P. Singh, Ms. Smita Thakur and Mr. Pranav Thakur,

for Respondent-No.3-CBI.

….

CORAM: NITIN JAMDAR &

SARANG V. KOTWAL JJ.

RESERVED ON : 29 OCTOBER 2021.

PRONOUNCED ON : 15 DECEMBER 2021

Judgment (Per 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

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Cri. Writ Petition 1901.21.doc

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

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Cri. Writ Petition 1901.21.doc

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 fo