Vishal Hiralal Sharmaage : 30 Years, Occu.: Medicalpractitioner v. Oral Order

(1)Cri. Appln. 13-2014 IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD CRIMINAL APPLICATION NO. 13 OF 2014 Vishal Hiralal SharmaAge : 30 years, Occu.: MedicalPractitioner, R/o Income TaxColony, Jalna, Tq. & Dist. Jalna Applicant Versus The State of MaharashtraRespondent ..... Mr. Ravindra J. Nirmal, Advocate for the Applicant.Mr. M.M. Nerlikar, A.P.P. for the Respondent-State. ..... CORAM : M. T. JOSHI, J.DATED : 12 FEBRUARY, 2014 ORAL ORDER: 1.Heard both sides. 2.The present applicant who is apprehending arrest at the hands of Sadar Bazar Police Station, Dist. Jalna in crime no. 3058 of 2013 for the offence punishable under section 66 of the Information Technology Act, is praying for his release on bail, in the event of his arrest. 3.One Subhash Patil filed the complaint against the present applicant-Vishal Sharma on 29/5/2013. In the complaint, he alleged that his daughter is undergoing a Course at Ganpati Netralaya, Jalna. The present applicant has anyhow got possession of the laptop of his daughter-Sonal in the (2)Cri. Appln. 13-2014 said premises. He took out her photographs from the laptop and opened a false facebook account in the name of his daughter-Sonal. In the said account, he has given details of the girl alongwith photographs and in column 'Status', showed that she is in relationship. Further, anniversary date is mentioned as 13/2/2013. In the circumstances, the complaint is filed and the offence is registered. 4.The learned counsel for the applicant submits that at the time of filing of the application, the applicant was having a certificate (Exhibit "B") from the Shrikrishna Mangal Karyalaya, which would show that the present applicant who is Doctor has married with Sonal, who is also shown as Doctor on 12/2/2012. 5.Now, the learned counsel for the applicant has obtained from the applicant, a certificate of registration of marriage registered with the Marriage Registrar, which would fortify the fact. Photocopy of the same is filed on record and the same is accepted as “X” for the purpose of identification. He submits that the said marriage is not liked by the father of the lady and false complaint is filed. 6.Learned A.P.P. submits that despite issuing communication for three times, the Investigating Officer is not co-operating in the matter. (3)Cri. Appln. 13-2014 7.In the circumstances, considering the material on record, the interim protection granted to the applicant, vide order dated 8th January, 2014, is hereby made absolute on the same terms and conditions. 8.The practice of the Investigating Officer not to have any communication with the learned A.P.P. is hereby deprecated. In the circumstances, the Superintendent of Police, Jalna, is hereby directed to look into the matter and communicate the action, if any, taken by him against the Investigating Officer in this regard to the learned A.P.P. 9.Application disposed of accordingly. 10.Authenticated copy of this order be provided to the parties, on their request. [ M. T. JOSHI ] JUDGE arp/