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HC directs Maha to give prior notice to Rashmi in case of coercive steps

Mumbai: The Bombay High Court on Wednesday rejected senior IPS officer Rashmi Shukla's petition seeking to quash the FIR registered by the Mumbai Police in connection with the alleged phone tapping and leak of sensitive documents case, noting that prima facie a cognisable offence is made out.

A division bench of Justices Nitin Jamdar and Sarang Kotwal also rejected Shukla's prayer to transfer the case to the Central Bureau of Investigation.

Shukla, currently serving as ADGP, CRPF (south zone) and posted in Hyderabad, had headed the Maharashtra Intelligence Department when the alleged phone tapping took place last year.

The bench also noted that since Shukla has not yet been named as an accused in the FIR, the Maharashtra government shall give her a seven-day notice if it intends to take any coercive steps against her.

"Both the prayers - quashing of the FIR and transfer the case to CBI are rejected. If the state government intends to take any coercive steps against the petitioner (Shukla) then it shall give seven days notice to the petitioner," the bench said.

While pronouncing judgment on the petition filed by Shukla, the HC held that the FIR prima facie discloses cognisable offences. "Since the FIR discloses a cognisable offence, the police have a duty to investigate. No ground is made out to quash the FIR and to prevent any further investigation," the bench said.

"The prayer for transfer of the investigation to CBI on the ground that the CBI is investigating the postings of the police officers is without merit as both the investigations are different," it added. The bench said the investigation in the present case was not about the contents of the report (submitted by Shukla on alleged corruption in police transfers and postings) but about the action of releasing an official document unauthorisedly.

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