RASHMI UDAY SHUKLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) 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 DirectorGeneral 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.