Pranjali Bibhishan Chintamani v. State Of Maharashtra Thru Dept. Of Higher And Technical Edu. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13300 OF 2018 Pranjali Bibhishan Chintamani

...Petitioner

V/s.

State of Maharashtra & Ors.

...Respondents

---- Mr.Sagar A. Rane for the Petitioner appointed through Legal Aid. Shri.A.B. Vagyani, Government Pleader a/w Mrs.S.D. Vyas 'B' Panel counsel for the Respondent-State.

Mr.Rui Rodrigues for Respondent-University.

Mr.S.S. Patwardhan for CET Cell.

Mr.Mahindra B. Deshmukh for Respondent Nos.5 and 6. Ms.Pranjali Bibhishan Chintamani Petitioner present in Court. ---- CORAM : S.C. DHARMADHIKARI & SMT.BHARATI H. DANGRE, JJ.

DATE : 04th DECEMBER 2018 P.C.:

1.

After this Writ Petition was argued for some time and this Court was dissatisfied about the conduct of the petitioner and was inclined to dismiss the Writ Petition in limine, this being a Legal Aid case, the Panel Advocate sought time to take instructions. At his request the matter was posted today for passing final orders. N.S. Kamble page 1 of 4

2.

Mr.Sagar Rane the Panel Advocate states that he has spoken to the petitioner and equally the Maharashtra Legal Services and High Court Legal Services Authority and apprised the petitioner of all the serious consequences of making a complaint to the Police about alleged hacking of her password/codeword and thereafter purporting to cancel her admission for educational course. Her allegation was that she has not indulged in this act nor she cancelled her admission which she obtained after great efforts. 3.

Having found that it is difficult to corroborate this allegation and further having found that this act on the part of the petitioner has serious and adverse impact on her educational prospects and career, she has handed over the written note to Shri.Rane requesting this Court to grant leave to withdraw Writ Petition.

4.

After that request was considered at some length and we impressed upon the petitioner through Shri.Rane that she will not only have to withdraw this Writ Petition but all her allegations against her close friends, the Educational Institution and the State machinery, she has taken a conscious decision not to press these allegation and criminal prosecution itself. The Criminal law was set N.S. Kamble page 2 of 4

in motion at her instance. Let therefore the criminal prosecution and the proceedings be closed by the concerned investigating officer and the police station so also the Cyber Crime Cell. They need not investigate the petitioner's complaint any further. Let all the seized material be released by this investigating machinery including the petitioner's identity card and related documents. 5.

Since, the petitioner has accepted the fact that she cancelled the admission to the academic course at the concerned educational institution and that cancellation is binding on her, the educational institution shall refund the amount of fees collected from her (Rs.51,435/- as computed by her) and all original documents. Let the needful be done within 4 weeks from today. 6.

Since, the petitioner has accepted the fact that she cancelled the admission on her own and in the event she is eligible to seek admission, on fulfillment of the eligibility criteria, in the fresh round then, her act of approaching the police station lodging a complaint then filing a writ petition shall not be held against her. Let her educational and career prospects be not put in jeopardy because of a irresponsible act on her part, since she has duly apologized. The Writ Petition is disposed of as such. N.S. Kamble page 3 of 4

7.

On instructions it is stated by the appearing counsel for the Educational Institute/the University that a sum of Rs.50,345/- will be refunded by respondent Nos.5 and 6 to the petitioner. They will only deduct the nominal charge of Rs.1,000/- towards processing fees.

8.

A copy of the written request of the petitioner to grant leave to withdraw the petition is taken on record and marked 'X' for identification.

(SMT.BHARATI H. DANGRE, J.) (S.C. DHARMADHIKARI,J.) N.S. Kamble page 4 of 4