Bombay High Court
PINKY ANANDversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The investigation is to be transferred to the Cyber Crime Cell, Mumbai.
Summary
The petitioner, Pinky Anand, filed a criminal writ petition alleging harassment on her social media page by unknown individuals on 14 May 2024, with objectionable photographs posted. She sought addition of several provisions of the Information Technology Act and the Bharatiya Nyaya Sanhita, and requested that the investigation be transferred from Goregaon Police Station to the Cyber Crime Cell, Mumbai, also seeking disciplinary action against police officials. The court examined the FIR and noted the seriousness of the grievance, finding the local police unable to trace the perpetrators. It ordered the transfer of the case (C.R.No.191/2025) to the Cyber Crime Cell for expeditious investigation and left the investigating agency free to apply appropriate legal provisions. The petition was disposed of, with the disciplinary prayer not pressed by the petitioner.
Issues considered
- Whether the investigation into alleged cyber harassment should be transferred to a specialized cyber crime agency.
- Whether the investigating agency should be directed to apply specific provisions of the Information Technology Act and the Bharatiya Nyaya Sanhita.
- Whether disciplinary proceedings against the police officials should be ordered.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 356, 356(3), 75(iv), 79
- Information Technology Act, 2000 — s. 66C, 66D, 67, 67A
Subjects
- cyber harassment
- social media
- transfer of investigation
- Information Technology Act
- Bharatiya Nyaya Sanhita
- Cyber Crime Cell
- disciplinary proceedings
- criminal writ petition
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.50 OF 2026
Pinky Anand .... Petitioner
versus
The State of Maharashtra & Ors. .... Respondents
…....
• Ms. Snehil Soni i/b. Mr. Shivam Mehra, Advocate for Petitioner.
• Ms. Mahalakshmi Ganapathy, APP for the State/Respondent.
CORAM : SARANG V. KOTWAL &
SANDESH D. PATIL, JJ.
DATE : 28th JANUARY, 2026
P.C. :
1. One of the main prayers in the Petition is directions to
the investigating agency for adding sections 66C, 66D and 67 of
Information Technology Act, along with sections 75(iv), 79, 356
and 356(3) of Bharatiya Nyaya Sanhita. Learned APP on
instructions states that section 67A of the Information
Technology Act is already added.
MANUSHREE
NESARIKAR
Digitally signed
2. The other prayer is for transfer of investigation arising
by MANUSHREE
NESARIKAR
Date: 2026.02.02
12:30:04 +0530 out of C.R.No.191/2025 registered at Goregaon Police Station to
Nesarikar
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Cyber Crime Cell, Mumbai, or to any other technically equipped
and competent specialised investigating agency. There is one
more prayer asking for departmental and disciplinary
proceedings against the police officials.
3. We have heard the learned counsel for the Petitioner
and the learned APP. We have gone through the FIR statement
recorded by the police which is produced before us. That
statement is dated 22/03/2025. The grievance of the Petitioner
is that on 14/05/2024, the Petitioner was harassed on her social
media page by atleast 40 unknown people. Some objectionable
photographs were also uploaded. We have gone through the FIR.
The grievance of the Petitioner appears to be serious and genuine.
4. Learned APP on instructions of the Investigating Officer
of Goregaon Police Station makes a statement that they have
reached a road block and they are unable to trace the link and
the people who have posted those objectionable material on the
Petitioner’s social media page.
5. Considering the seriousness of the matter, it is
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necessary that some expert investigating agency like Cyber
Crime Cell, Mumbai, investigates the matter. Therefore, we are
inclined to transfer this investigation to that agency.
6. As far as the other prayer for departmental and
disciplinary proceedings against the police officials, is
concerned, the learned counsel for the Petitioner is not pressing
that prayer i.e. prayer clause (c).
7. Hence, the following order :
ORDER
(i) The C.R.No.191/2025 registered at Goregaon
Police Station, shall be transferred for
investigation to Cyber Crime Cell, Mumbai. The
investigation shall be conducted expeditiously.
(ii) The investigating agency is at liberty to apply
appropriate provisions of law in investigating the
offence.
(iii) With these observations, the Petition is disposed of.
(SANDESH D. PATIL, J.) (SARANG V. KOTWAL, J.)
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