Bombay High Court
Rashmi Uday Shukla vs The State Of Maharashtra And Ors on 6 May, 2021
Author: Manish Pitale
Bench: S.S. Shinde, Manish Pitale
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1901 OF 2021
Mrs. Rashmi Uday Shukla .... Petitioner
Vs.
The State of Maharashtra & Ors. .... Respondents
Mr. Mahesh Jethmalani a/w Gunjan Mangla, a/w Ravi Sharma i/by
Sameer Nangre for Petitioner.
Mr. D. Khambata a/w Mr. Deepak Thakre G.P./PP., Mr. Akshay Shinde
and Mr. Firoz Mehta for State.
Rashmi Karandikar, DCP, Mr. Nitin Jadhav, ACP, Cyber Crime Branch,
Mumbai present.
Coram : S.S. SHINDE AND
MANISH PITALE, JJ.
Date : 6TH MAY, 2021 P.C.:
1. Mr. Jethmalani, learned Senior Counsel appearing for the Petitioner submits that the Petitioner has expressed the apprehension of arrest by Respondent No.1 and therefore the necessary interim protection may be granted to the Petitioner.
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2. Mr. Khambata, learned Senior Counsel appearing for Respondent No. 1, on instructions, submits that if it is not convenient for the Petitioner to come down to Mumbai to participate in the enquiry/ investigation, Respondent No. 1 is ready to send the team of Police Officers to Hyderabad so as to record the statement of the Petitioner under Section 160 Code of Criminal Procedure. On instructions, she submits that till next date, Respondent No. 1 will not arrest the Petitioner. Statement accepted.
3. Mr. Jethmalani, in response to the submissions made by the Mr. Khambata, on instructions, submits that the Petitioner will extend full co-operation in the enquiry/ investigation and she has no objection if video recording of such enquiry / investigation is made by Respondent No. 1. Statement accepted.
4. Respondent No. 1 and the Petitioner shall strictly abide by the statements made by them before this Court through their respective Senior Advocates and can proceed further.
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5. Mr. Singh, learned ASG submits that the CBI has commenced the investigation in FIR registered on 2 nd April, 2021 pursuant to the order passed by the Division Bench of this Court (Coram : Dipankar Datta, CJ & G.S. Kulkarni JJ.) on 5 th April, 2021 and the aforesaid observations made in paras 1 to 4 hereinabove may not be construed as impediment to C.B.I. to proceed further with the investigation.
6. We make it clear that the statements and observations made in paragraphs 1 to 4 hereinabove may not be construed as an impediment for the C.B.I. to cause further investigation in the said F.I.R.
However, we make it clear that the aforesaid observations made hereinabove are restricted to the present petition and will have no bearing on subject matters of other Writ Petitions Nos. 1902 of 2021, 1903 of 2021 and 1904 of 2021 listed on today's board i.e. on 6 th May, 2021 before this Court.
7. List on 14th June, 2021.
( MANISH PITALE, J.) ( S.S. SHINDE, J.)
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