Bombay High Court
Deepakkumar Pyarelal Gupta vs The State Of Maharashtra , Through Chief ... on 17 February, 2020
Author: M. G. Sewlikar
Bench: T. V. Nalawade, M. G. Sewlikar
1 62 Cri.W.P.1278.2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
62 CRIMINAL WRIT PETITION NO.1278 OF 2019
DEEPAKKUMAR PYARELAL GUPTA
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr. Girish Nagori.
APP for Respondent/State: Mr. M. M. Nerlikar.
...
CORAM : T. V. NALAWADE &
M. G. SEWLIKAR, JJ.
DATE : 17th February, 2020.
O R D E R:(Per T. V. Nalawade, J.) . The petition is filed for the relief of direction to handover the investigation to CBI and Cyber Crime Department of C.R. No.42 of 2018, registered with Chopda City Police Station, Jalgaon, for the offences punishable under Sections 420, 465, 468, 469, 471 and 120-B of the Indian Penal Code and Section 66 (C), 67 of the Information Technology Act.
2 Both the sides are heard.
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2 62 Cri.W.P.1278.2019.odt 3 The submissions made and record show that on the basis of report given by many lady MLAs of this State, crimes came to be registered against the present Petitioner for the offences punishable under Sections 509, 507 etc. of the Indian Penal Code and Section 67 of the Information Technology Act. It appears that SMS was sent by using mobile phone and sim-card issued to present Petitioner. The message contained defamatory and filthy language and which was insult to the ladies. Threats of rape and murder were also given in that message if there was an attempt to approach police. The MLAs from four different places had given such reports and cases are filed against the present Petitioner of aforesaid nature.
4 The Petitioner then made complaint that somebody had framed him when he had not sent aforesaid messages. He contended that by using bogus Adhar card, sim-card was purchased in his name and by using that sim-card, the aforesaid messages were sent by some other person. On the basis of this contention, crime is registered. The statement of the person, who had supplied the sim-card is recorded and he has given description of the person, who had come for purchasing the sim-card. According to him, the said person had represented that he was working with the present Petitioner and he wanted to collect sim-card for the present Petitioner. He had shown photo and original Adhar card of present Petitioner and ::: Uploaded on - 21/02/2020 ::: Downloaded on - 10/06/2020 07:50:57 ::: 3 62 Cri.W.P.1278.2019.odt then sim-card was handed over to the said person. The said person had given his name as Premchand. Though there is such circumstance, the submissions made show that it transpired during investigation that sim-card was used by using mobile handset, which was having same IMEI number, which the present Petitioner's mobile is having. It is a case of present Petitioner that there is possibility that the IMEI number of his mobile handset was cloned. Thus, it can be said that the present Petitioner wants to take defence that some other person had done mischief by using the sim-card, which was obtained by using his name and by using bogus Adhar card. It is true that the Adhar card, photocopy, which was collected by the gent of the mobile company bears different number than the Adhar card, which the present Petitioner is having. All these circumstances cannot be considered at this stage as the sim-card, which was issued in the name of present Petitioner was used by using the mobile handset bearing the IMEI number of present Petitioner. Due to these circumstances, this Court holds that it is not possible to transfer the investigation to other agency like CBI or Cyber Crime Department of the crime registered on the basis of report given by the present Petitioner. Indirectly, he will be asking the police to collect material for the defence of the Petitioner. When there are aforesaid circumstances and when with police machinery there is Cyber Cell to collect material, this Court holds that it is not desirable to transfer the investigation to ::: Uploaded on - 21/02/2020 ::: Downloaded on - 10/06/2020 07:50:57 ::: 4 62 Cri.W.P.1278.2019.odt the agency like CBI. In ordinary course, police can take help of Cyber Section. In the result, the petition stands dismissed.
[ M. G. SEWLIKAR, J. ] [ T. V. NALAWADE, J. ]
ndm
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