Mayank Mohan Sharma v. The State Of Maharashtra And ORS.

403-15-wp=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.403 OF 2015 Mayank Mohan Sharma .. Petitioner v/s.

The State of Maharashtra & Ors.

..Respondents Mr. Hrishikesh Mundargi for the petitioner Mrs. S.V. Sonawane, APP for respondent State CORAM: RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED: 17th AUGUST, 2015.

P.C.

1.

Heard learned Counsel for the petitioner and Mrs. Sonawane, learned APP for the State.

2.

This petition is filed under Article 226 of the Constitution of India for quashing the proceedings of the charge-sheet bearing C.R. No.510/PW/2012. The said criminal case arises out of the registration of C.R. No.5 of 2012 registered with Cyber Police Station, Bandra-Kurla Complex, Mumbai under the provisions of Section 66A and 67 of the Information and Technology Act, 2000. Uday S. Jagtap

403-15-wp=.doc 3.

The petitioner had earlier filed Writ Petition No.549 of 2014 for quashing the aforesaid C.R. The said petition was disposed of with liberty to the petitioner to file application for quashing the charge-sheet or file an application for discharge in the trial Court. Thus, the petitioner has already given liberty to apply for discharge before the trial Court. The same in our view, is an alternative and efficacious remedy.

4.

We are, therefore, not inclined to interfere in the petition. The Writ Petition is disposed of accordingly. (ANUJA PRABHUDESSAI, J.) ( RANJIT MORE, J.) Uday S. Jagtap