Mohd. Mudassir Shaikh And ORS v. The State Of Maharashtra And ANR

rsk 1/2 902-WP-6291-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.6291 OF 2019 Mohd. Mudassir Shaikh and Ors.

...Petitioners

vs.

The State of Maharashtra and Anr.

...Respondents

---- Mr. Ranbir Singh a/w Mr. Abhineet Pange, Ms. Chaitrika Patki, Ms. Ruhani Sanghavi i/b Anand & Anand & Khimani for the Petitioners. Mr. K. V. Saste, APP for the Respondent/State. Ms.Sharmila Sahasrabudhe, PI Cyber Police Station, CB, CID, Mumbai. ---- CORAM : B. P. DHARMADHIKARI, ACTING CHIEF JUSTICE & N. R. BORKAR, J.

DATE : 5/3/2020.

P.C.:

.

Heard learned counsel for the petitioners and learned APP. Perused reply affidavit. Seen order passed by this Court on 24/2/2020 as also section 91 of Cr.P.C. and section 69(A) of the Information Technology Act 2000. Admittedly, the procedure under section 69(A) and the Rules framed thereunder have not been followed.

2.

Learned APP therefore submits that impugned order to the extent it prohibits the petitioner from using their account or it directs the service provider Tik Tok to prohibit the petitioners from using it, is being withdrawn.

3.

In this situation, we find that the petitioners can continue to operate their Tik Tok account. They have no grievance insofar as direction to Tik Tok to preserve the trail of their operations is concerned.

rsk 2/2 902-WP-6291-19.doc 4.

In view of the statement made by learned APP and with direction to the petitioners to co-operate with the investigating Agency, we dispose of the present petition.

(N. R. BORKAR, J.) (ACTING CHIEF JUSTICE)