JOSEPH PAUL DE SOUSA Vs. STATE

JUDGEMENT

(1.) The Petitioner seeks quashing of First Information Report (F.I.R.) No. 30 of 2009 dtd. 29/12/2009 registered with Cyber Cell, Mumbai for the offense punishable under Ss. 354, 509 & 506(2) of the Indian Penal Code, 1860 (I.P.C.) and Sec. 67 of the Information Technology Act, 2000 (I.T. Act). He also seeks to quash and set aside the criminal proceedings arising out of the aforesaid F.I.R. bearing C.C. No. 255/PW/2010 pending before the Court of Metropolitan Magistrate, 37th Court at Esplanade, Mumbai.

(2.) Mr. Harish Jagtiani learned senior counsel appeared for the Petitioner. Mr. Kushal Mor, learned counsel represented the Respondent No.

(3.) The facts of case are as under : 3.1) The Petitioner and the Respondent No. 2-Ms. Zinnia are residents of the building called "Connaught Mansions" situated on the Shahid Bhagat Singh Road, Colaba, Mumbai. They are acquainted with each other since 1980. According to Ms. Zinnia, her mother was the Chairperson of the Co-operative Housing Society since 1942. Since her mother was old and unable to look after the affairs of society, the Petitioner without being elected as such, usurped the office of Chairman and started interfering in the society work despite strong objection from the other residents of the building.