POONAM AGARWAL Vs. STATE OF MAHARASHTRA & ANR

JUDGEMENT

(1.) Both the aforesaid applications seek a concordant relief of quashing and setting aside of C.R.No.19 of 2017 registered by Deolali Camp Police Station, Nashik on 27th March 2017, thereby arraying the applicants in both these Applications as accused. By the said C.R, offences under Sections 306, 451, 500 read with Section 34 of the Indian Penal Code and Section 3 and 7 of the Officials Secrets Act, 1923, have been invoked and applied against the applicants.

(2.) Criminal Application No.731 of 2017 is filed by the applicant who is a Journalist by profession and has worked in the said capacity for various newspapers and news channels. At the time of registration of FIR, the said applicant was working as an Associate Editor of Web News Portal, 'The Quint'. The applicant claims that she has been credited with various breaking news and has an outstanding career in investigative journalism and has received many accolades and awards for her work in the said field. She has specifically asserted in her application that she has exposed several corruption rackets, fake encounters and was the one responsible for exposing the nexus between the politician and corporate house.

(3.) The subject offence came to be registered against both the applicants in respect of an incident which was reported by Lance Naik No.1517398OW Naresh Kumar Jadhav, resident of Deolali Camp. In his complaint dated 27th March 2017, he alleged that he is working in the capacity as Lance Naik and posted at Deolali camp. In the complaint, he states that he was working on Adam duty with Col. Anup Gajanan Barbare. The complaint further proceeds to state that similarly situated to him, are many other jawans who do Adam duty for various offices and this includes one Roy Mathew. It is stated that on 7th February 2017, while he was having his evening walk in the garden situated at Haig Line at Mahendra Enclave, he spotted retired Army Jawan Deepchand (applicant in Application No.736/2017 who had lost both his legs and one hand, sitting on a bench with an unknown lady who was holding a small purse in her hand and talking with someone on the phone. Upon seeing these two, the complainant walked towards Deepchand and inquired as to who the lady was and he received the reply from Deepchand that the lady (Applicant in Application No.731/17) was his relative. At the relevant time, he reported that there were other jawans who were trolling in the park and they also gathered and then the woman started inquiring with the complainant and other jawans as to what kind of work is entrusted to them. She posed questions about the nature of their work and they replied that there was no trouble working with their Officers and they were posted on Adam's Duty. At that time, the Army Driver Roy Mathew was also there. The complaint further proceeds to state that on 24th February 2017, there was a video which was uploaded on YouTube and he had an occasion to view the same and this was in relation to an incident which took place on 7th February 2017, but in the video, the faces of the Jawans including his own face was blurred. The video was in Deepchand's voice and it was the same lady who was in the video whom he had met on 7th February 2017. The complainant came to know that her name was Poonam Agarwal and that the video was recorded by her without their knowledge and it reported a distorted version with an aim to defame the army. On noticing this video, the complainant and other Jawans felt tensed as they would be subjected to Court Martial and it is at that time, the complainant came to know that the lady was not Deepchand's relative but was a journalist. It was reported in the complaint i.e. on 25th February 2017, the complainant was summoned by his superior and enquiries were made about the incident that was videographed and he informed the superiors that Deepchand had brought the said lady. On 2nd March 2017, it was reported that Roy Mathew, the Army driver had committed suicide by hanging by neck and his body was found in decomposed state behind Raquet Battery, Haig Line, Demotional Quarter. It is further alleged that Roy Mathew had committed suicide as he was under stress as the video had gone viral and he thought that it would defame him and the Army and he would be subjected to Court Martial and would not be able to face the world thereafter.