Chandramani@Chandramuni Vishwanath Jogdand v. The State Of Maharashtra Thr. Pso Ps Ralegaon Tah.And Dist.Yavatmal And Another

1 apl835.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.835/2024 (Chandramani @ Chandramuni Vishwanath Jogdand Vs. State of Maharashtra and another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R. Siddharth, Advocate for the applicant. Ms. S.S. Jachak, A.P.P. for non-applicant No.1/State. Mr. Kushal Daga, Advocate for non-applicant No.2.

CORAM:

VINAY JOSHI & MRS.VRUSHALI V. JOSHI, JJ .

DATED:

19.8.2024.

Heard.

2.

The applicant has approached this Court for quashing of criminal prosecution (R.C.C. No.109/2022) arising out of Crime No.0067/2022 registered by non-applicant No.1 for the offence punishable under Sections 66C and 67 of the Information Technology Act. 3.

The informant is present through Advocate. She has filed a reply affidavit stating that mistakenly police have made applicant as accused. She further stated that she has no grievance against the applicant. Hence she has no objection to quash the proceedings.

4.

It is informant's case that fake account in informant's name on Instagram was created by someone. Some obscene photographs have been uploaded. Hence informant lodged the report.

5.

During investigation it was found that applicant's Wi-Fi was used, on that basis, he has been arraigned as an accused.

6.

Having regard to the nature of accusations and gravity, we have no hesitation to quash the proceedings on

2 apl835.2024 account of settlement.

7.

In view of above, application is allowed.

8.

We hereby quash and set aside criminal prosecution (R.C.C. No.109/2022) arising out of Crime No.0067/2022 registered by non-applicant No.1 for the offence punishable under Sections 66C and 67 of the Information Technology Act on account of settlement to the extent of applicant.

(MRS.VRUSHALI V.JOSHI, J.) (VINAY JOSHI, J.) Tambaskar.