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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,
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2.
He also
He paid a sum of
In pursuance of the
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Certain transactions
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5.
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.
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they
were
produced
before
the
On
learned
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learned Magistrate
passed
an
order
discharging
the
That apart,
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10.
this
Court
on
7.12.2015,
taking
note
of
the
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14.
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15.
In
Joginder
Kumar
v.
State
of
U.P. 2
while
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19.
that
Section
66-A(b)
of
the
Information
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Eventually, the Court was compelled to state:In pith and core, the police officer before
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21.
Section
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been followed.
number
of
in
the
arrest,
and
seizure.
more
anguished,
agonized,
shaken,
perturbed,
It is an assault on
It does not
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In
observed:-
(2012) 8 SCC 1
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of
CrPC.
The
investigating
officers
in
no
9
10
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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
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(2015) 5 SCC 1
(2009) 7 SCC 495
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29.
The prosecution
........................................J.
[DIPAK MISRA]
........................................J.
[SHIVA KIRTI SINGH]
NEW DELHI
June 03, 2016.
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