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REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRIMINAL) NO. 30 OF 2015
... Petitioners
Versus
... Respondents
JUDGMENT
Dipak Misra, J.
The petitioner no.1 is a doctor and she is presently
pursuing higher studies in United States of America (USA).
She runs an NGO meant to provide services for South
Asian
Abused
Women
in
USA.
Petitioner
no.2,
Page1
2.
He also
He paid a sum of
In pursuance of the
Page2
Certain transactions
Page3
proceeded to pass the following order:Cyber state police having registered FIR
24/2012 under S 420, 34 Indian Penal Code and
S 66 D of IT Act accused Rini Johar and Gulshan
Johar should be arrested and for that lady
constable Ishrat Khan has been deputed with
case diary with address from where they are to be
found and arrested and it is ordered that they be
brought to Bhopal. In reference to which you
have been given possession of the said case
diary.
6.
Page4
they
were
produced
before
the
On
learned
Page5
learned
Magistrate passed an
order
discharging
the
That apart,
Page6
10.
this
Court
on
7.12.2015,
taking
note
of
the
Page7
Page8
reads as follows:-
Page9
10
Page10
11
Page11
12
Page12
13
In
Joginder
Kumar
v.
State
of
U.P. 2
while
Page13
14
Page14
15
Page15
16
Page16
17
that
Section
66-A(b)
of
the
Information
Page17
18
Page18
19
Eventually, the Court was compelled to state:In pith and core, the police officer before
Page19
20
21.
2009) was
Section
Page20
21
been followed.
number
of
in
the
arrest,
and
seizure.
more
anguished,
agonized,
shaken,
perturbed,
It is an assault on
It does not
Page21
22
Page22
23
In
observed:-
(2012) 8 SCC 1
Page23
24
of
CrPC.
The
investigating
officers
in
no
Page24
25
and
compensation.
humiliation
are
entitled
to
grant
pending in this court for some time, and we had dealt with
other aspects, we thought it apt to hear the learned
counsel for the aspect of continuance of the criminal
prosecution. We have narrated the facts at the beginning.
The learned Magistrate by order dated 19.2.2015 has found
existence of prima facie case for the offences punishable
under Section 420 IPC and Section 66-A(b) of I.T. Act, 2000
Page25
26
(2015) 5 SCC 1
(2009) 7 SCC 495
Page26
27
29.
The prosecution
........................................J.
[DIPAK MISRA]
........................................J.
[SHIVA KIRTI SINGH]
NEW DELHI
June 03, 2016.
13
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