Mumbai Police, in an affidavit filed in the Bombay high court (HC), has informed that former commissioner of intelligence Rashmi Shukla has not been named in the first information report (FIR) related to data theft and leakage of confidential documents on the issue of transfers and postings of police officers in the state and hence, her petition seeking the quashing of FIR should be dismissed.

The affidavit filed in response to Shukla’s petition stated: “The FIR is registered against unknown person and therefore, as the petitioner (Shukla) is not an accused in it, the petitioner has no locus to file the petition seeking its quashing.”
During an earlier hearing of Shukla’s petition, senior advocate Darius Khambata – who represented Mumbai Police – made similar submissions, but had sought time to file a written reply to the petition. Khambata had argued that the data theft and the leaked documents were admittedly confidential and such documents coming into public domain was a serious offence, which had to be investigated.
Referring to the FIR, the affidavit stated that the complaint was limited to sensitive and confidential information being leaked in an unauthorised manner to third parties from the state intelligence department (SID) and did not have any bearing on the content of the documents.
In light of this, the affidavit stated that Shukla has sought quashing of the FIR on the basis that she has been purportedly falsely implicated in the case, while it is registered against unknown persons. The affidavit added that Shukla was issued notice merely to provide facts/ information in the investigation of the offences in the FIR and it did not mean that she was implicated in the case.
{{/usCountry}}In light of this, the affidavit stated that Shukla has sought quashing of the FIR on the basis that she has been purportedly falsely implicated in the case, while it is registered against unknown persons. The affidavit added that Shukla was issued notice merely to provide facts/ information in the investigation of the offences in the FIR and it did not mean that she was implicated in the case.
{{/usCountry}}The affidavit concluded that the allegation by Shukla that the FIR has been filed as an act of vendetta by the Maharashtra government is also erroneous and hence, her petition was not maintainable and should be dismissed.
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