INDEX

Sr. No. Particulars Page

No.
1. Vision Statement 1-2
2. Proposition 3-6
3. Guidance Note 7-9
4. Charge 10 - 11
5. Committal Order dated 13/02/2023 12
6. Issue Process Order dated 06/02/2023 13
7. Chargesheet 14
8. Complaint made to the National Cybercrime Reporting 15 - 17
Portal
9. Case transfer to Dadar Police Station 18
10. First Information Report 19 - 20
11. General Diary Entry No. 441 21
12. General Diary Entry No. 442 22
13. Permission Letter to DCP 23
14. Approval Letter to Dadar Police Station 24
15. Letter to Electricity Department 25
16. Summons 26 - 29
17. General Diary Entry No. 05 30
18. General Diary Entry No. 07 31
19. Seizure Panchnama 32 - 34
20. General Diary Entry No. 11 35
21. Bail and Bond of Accused 36 - 39

THE 11th ANNUAL ADV. B. P. APTE MEMORIAL NATIONAL MOCK TRIAL, MOOT
COURT & JUDGEMENT WRITING COMPETITION, 2023.
 22. Intimation Letter to the Hon’ble CMM 40
23. Application for Local Inspection 41
24. Order dated 10/01/2023 42
25. Memorandum of Local Inspection 43 - 44
26. Intimation Letter to the Hon’ble CMM 45
27. General Diary Entry No. 44 46
28. Issue Process Order dated 02/05/2019 47
29. Issue Process Order dated 22/11/2021 48

THE 11th ANNUAL ADV. B. P. APTE MEMORIAL NATIONAL MOCK TRIAL, MOOT
COURT & JUDGEMENT WRITING COMPETITION, 2023.
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THE 11TH ANNUAL ADV. B.P. APTE MEMORIAL NATIONAL MOCK

TRIAL, MOOT COURT & JUDGEMENT WRITING COMPETITION,

2023

VISION STATEMENT

Witnesses are the eyes and ears of Justice – Bentham

What would happen if in Carlil v Carbolic Smoke Ball Company 1893 (1) QB 256,

the Plaintiff was to fall short of establishing that she had indeed purchased the

product from the Defendant Company? And then what would be the fate of

Rylands v Fletcher (1868) LR 3 HL 330, if Fletcher was to fail in establishing the

‘non-natural’ use of land by Rylands? Unthinkable, isn’t it!

The jurisdictions, forums, substantive law and even the procedure may change; yet

in all cases, establishing material facts before the court, by way of credible

evidence, will always remain the heart and soul of litigation!

On 11th August 2023, three bills to overhaul the law relating to Crimes, Criminal

Procedure and Evidence were introduced in the Lok Sabha. On the date when this

note is being drafted, the bills are being scrutinised by the Standing Committee of

the Lok Sabha. The change for better, in the fundamental Criminal Legislation is on

one hand laudable, while on the other hand, a challenge for lawyers and law

enforcement agencies.

THE 11th ANNUAL ADV. B. P. APTE MEMORIAL NATIONAL MOCK TRIAL, MOOT COURT
& JUDGEMENT WRITING COMPETITION, 2023.
 2

The Moot Court / Mock Trial problem designed for this competition is a humble

attempt by ‘Adv. Balasaheb Apte College of Law’ to afford an opportunity to law

students to get themselves acquainted with the Criminal Law Bills. Thus, the

competition would test the students on two fronts, firstly, their ability to establish

material facts before the court through examination of witnesses and secondly, their

ability to understand and argue the niceties of law.

THE 11th ANNUAL ADV. B. P. APTE MEMORIAL NATIONAL MOCK TRIAL, MOOT COURT
& JUDGEMENT WRITING COMPETITION, 2023.
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I. PRELIMINARY

1. On 1st January 2021, The Bharatiya Nyaya Sanhita, The Bharatiya Nagarik

Suraksha Sanhita and The Bhartiya Sakshya Sanhita came into force.

2. Having regards to the fact that ‘Organised Crime’ was included in the Nyaya

Sanhita itself, all states have repealed their existing Criminal Laws dealing

with Organised Crime on and from 1st January 2021.

II. FACTS

Abhay, Arun and Mahesh have been fast friends since their childhood. However,

once they got into Degree College, they all got into antisocial company. On 21 st

March 2019, though the Annual Examinations were quite near, the whole college

was celebrating Holi Festival. The trio thus devised a plan to earn quick money.

They spread a rumour that they could, through their links, increase the internal

marks of students and thus demanded Rs 10,000/- from each student. Their lie was

discovered and thus FIR u/s 420 r/w 34 of the IPC was registered against them. On

2nd May 2019, a chargesheet was filed against them before the Jurisdictional

Magistrate and the magistrate took cognisance of the offence. The matter is pending

final adjudication before the court.

On 18th October 2021, in order to secure acquittal before the Magistrate, Abhay,

Arun and Mahesh had an altercation with a witness in the earlier case and thus ended

up inflicting grievous hurt onto the witness. Thus, FIR was registered againstthem

u/s 116(2) r/w 3(6) of the Nyaya Sanhita. On 22nd November 2021, a

THE 11th ANNUAL ADV. B. P. APTE MEMORIAL NATIONAL MOCK TRIAL, MOOT COURT
& JUDGEMENT WRITING COMPETITION, 2023.
 4

chargesheet was filed against them before the jurisdictional magistrate and the

magistrate took cognisance of the offence. The matter is pending final adjudication

before the Court of Sessions.

On the 19th of December 2022, Abhay, Arun and Mahesh met Vijay who was

contesting college elections against Sumit. Vijay sought the trio’s aid to defame

Sumit in order to secure victory at the college elections. Vijay also promised the

trio that if he wins the election, he will share contact numbers of lady students with

them. Abhay, Arun and Mahesh thus obtained a video of Sumit from YouTube and

morphed the same wherein he was seen saying demeaning things about certain lady

students of the college. Thus, FIR u/s 334(4) r/w 3(6) r/w 61 of the Nyaya Sanhita

was registered against Abhay, Arun, Mahesh and Vijay. Upon the Police Officer

coming to know of the offences registered earlier against Abhay, Arun and Mahesh,

sections 109(2), 109(3) and 109(4) were added against them.

Abhay, Arun, Mahesh and Vijay have, through separate petitions before the High

Court, challenged the invocation of sections 109(2), 109(3) and 109(4) of the Nyaya

Sanhita against them. All the petitions would be heard together, though on their

individual merit.

Notes: (a) At the Mock Trial (Preliminary Rounds and Quarter Final), the students

are expected to establish facts before the court by way of evidence. (b) At the Moot

Court (Semi-Final and Final) students may rely upon the facts as aforesaid to argue

on the questions of law.

THE 11th ANNUAL ADV. B. P. APTE MEMORIAL NATIONAL MOCK TRIAL, MOOT COURT
& JUDGEMENT WRITING COMPETITION, 2023.
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III. QUESTIONS OF LAW BEFORE THE HIGH COURT

1. Whether the invocation of sections 109(2), 109(3) and 109(4) against the

Petitioners is hit by Article 20 of the Constitution of India as; in order to

invoke sections 109(2), 109(3) and 109(4), one of the offences relied upon

by the Prosecution has been committed prior to The Nyaya Sanhita being

brought into force?

2. Whether the requirements of ‘Continuing Unlawful Activity’ stand satisfied

against the Petitioners as; though the offence of cheating (committed in the

year 2019) relied upon by the Prosecution to invoke sections 109(2), 109(3)

and 109(4) of the Nyaya Sanhita was a cognisable offence at the time when

it was committed, under the Nagarik Suraksha Sanhita the offence stands

classified as a non-cognisable offence?

3. Whether offences u/s 109(2), 109(3) and 109(4) of the Nyaya Sanhita cannot

be invoked against Vijay though he never participated in any of the previous

offences?

IV. SAVINGS

1. Mobile Numbers and IMEI details provided in the Moot Problem are

imaginary and thus cannot be called into question. For example, the mobile

numbers are only nine digit long. This cannot be taken up as a matter of

defence.

2. Seals of the Court are to be presumed genuine and thus cannot be called into

question.

THE 11th ANNUAL ADV. B. P. APTE MEMORIAL NATIONAL MOCK TRIAL, MOOT COURT
& JUDGEMENT WRITING COMPETITION, 2023.
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3. Pages on which an endorsement of ‘Certified Copy’ is made are to be

considered Certified Copies and their correctness cannot be called into

question.

4. Objections of Primary / Secondary cannot be raised for the Memorandum of

Local Inspection, Copy of NCRP Report and Panchnama.

5. No application for admission / denial of documents can be moved either by

the prosecution or defence.

6. No application for amendment of Charges can be moved.

7. Other such instructions which are given at the Orientation Session.

*The Bharatiya Nyaya Sanhita, 2021 corresponds to Bill No. 121/2023 (Bharatiya

Nyaya Sanhita Bill) introduced in the Lok Sabha on the 11th August, 2023.

*The Bharatiya Nagarik Suraksha Sanhita, 2021 corresponds to Bill No. 122/2023

(Bharatiya Nagarik Suraksha Sanhita Bill) introduced in the Lok Sabha on the 11 th

August, 2023.

*The Bharatiya Sakshya Sanhita, 2021 corresponds to Bill No. 123/2023 (The

Bharatiya Sakshya Bill) introduced in the Lok Sabha on the 11th August, 2023.

THE 11th ANNUAL ADV. B. P. APTE MEMORIAL NATIONAL MOCK TRIAL, MOOT COURT
& JUDGEMENT WRITING COMPETITION, 2023.
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GUIDANCE NOTE

Generally:

Reliance on Caselaw – As a matter of good practice, all caselaw relied upon by the

students must be presented before the court in full and, sufficient copies for the

adverse side must be supplied. Merely reading from a caselaw without being able

to point out the ratio decidendi and the attending fact-situation serves no good. In

this regard students are advised to peruse the Judgment of the Honourable Supreme

Court in State of Rajasthan v Ganeshi Lal (2008) 2 SCC 533.

Interpretation of Statutes – In every case where a student is desirous that a given

statute ought to be interpreted otherwise than ‘literal rule’, the student is expected

to furnish proper illustrations based on caselaw to persuade the court to read the

statute in that manner. For this purpose, the students are at liberty to rely on any

persuasive source of law, provided he can properly explain the court, the context in

which the source is being quoted.

Mock Trial:

For the two Preliminary Rounds and the Quarter - Final Round of the Competition,

there would be a Mock Trial based on the Moot Problem (that is Charge, Committal

Order, Issue Process Order and the Chargesheet).

Students are expected to draw up a chronology of events based on the Moot Problem

and then examine witnesses through chief or cross examination, as the case may be,

THE 11th ANNUAL ADV. B. P. APTE MEMORIAL NATIONAL MOCK TRIAL, MOOT COURT
& JUDGEMENT WRITING COMPETITION, 2023.
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to either establish the material facts or to dispute the facts established by the

prosecution. In this, the students are expected to evaluate the admissible and

inadmissible material and also the effect of it on the final outcome of the case.

Particularly, during the cross examination, students are expected to appropriately

word their questions so that the judges can properly evaluate as to whether a

particular question was an Open Question or Suggestion.

Every accused has a right of explaining incriminating circumstances appearing

against him from the evidence. And thus, the Nagarik Suraksha Sanhita mandates

the court to examine, at the conclusion of prosecution evidence, the accused, to

afford him such opportunity. Students are expected to abreast themselves with the

provision and then properly brief the Accused Persons (to be provided by the

college) as to the defence which the Accused Persons may adopt. The Defence has

been allocated additional time for this purpose.

The trial starts from the stage where the Accused Persons have pleaded ‘not guilty’

and then would continue till its logical conclusion – strictly per the procedure

prescribed under the Bhartiya Nagarik Suraksha Sanhita (Bill). All efforts have been

made to ensure that the students can conduct the trial as if it were a real-life situation.

No part of the Moot Problem is to be taken as proved unless it has been duly

established before the Court.

THE 11th ANNUAL ADV. B. P. APTE MEMORIAL NATIONAL MOCK TRIAL, MOOT COURT
& JUDGEMENT WRITING COMPETITION, 2023.
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Moot Court:

For the Semi - Final and Final Rounds, there would be a Moot Court based on the

Moot Problem. In that the students are expected to argue for the relief of ‘Quashing

of Chargesheet’ for each of the Accused, though the arguments for all of the

Accused would be heard together. Students are at liberty to call into question, the

Constitutional Validity of any statute in question, though assailing constitutional

validity is not obligatory. At the Semi - Final Round, the students must be cautious

of not arguing contrary to the memorials submitted by them. Time allocation for

both the Prosecution and Defence would be identical.

Suggested Reading:

1. Yakub Abdul Razak Memon v The State of Maharashtra (2013) 13 SCC 1

(Paragraphs 352 to 363).

2. Govind Sakharam Ubhe v State of Maharashtra 2009 ALL MR (Cri) 1903.

3. Madan Ramkrishna Gangwani v The State of Maharashtra (Judgment dated

26th March 2009 in Cri Appeal 308 / 2002 by the Division Bench of the High

Court of Bombay – Nagpur Bench).

4. State of Maharashtra v Jagan Gagan Nepali 2011 ALL MR (Cri) 2961.

THE 11th ANNUAL ADV. B. P. APTE MEMORIAL NATIONAL MOCK TRIAL, MOOT COURT
& JUDGEMENT WRITING COMPETITION, 2023.
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IN THE COURT OF SESSIONS AT MUMBAI

Sessions Case No. 1/2023

State of Maharashtra…… Prosecution

Versus

Vijay Singhania and Others…… Accused

CHARGE

I, QA Jadhav, Additional Sessions Judge, Mumbai, hereby

charge you (1) Vijay Singhania (2) Abhay Singh (3) Arun
Shetty and (4) Mahesh Tiwari as follows;

(1) On Section 334(4) r/w 3(6) of the Bhartiya Nyaya

Sanhita, 2021 – That you all together, while acting in
furtherance of common intention, on the 19th December
2022 or thereabout, downloaded a YouTube Video of Sumit
Sharma and then morphed the same and thereafter
uploaded the same with an intention to defame the said
Sumit Sharma and thus committed an offence punishable
u/s 334(4) r/w 3(6) of the Bhartiya Nyaya Sanhita, 2021,
within the cognisance of this Court.
(2) On Section 334(4) r/w 61 of the Bhartiya Nyaya
Sanhita, 2021 – That you all, conspired to commit offence
u/s 334(4) of the Bhartiya Nyaya Sanhita, 2021 as aforesaid,
and thus committed an offence punishable u/s 334(4) r/w
61 of the Bhartiya Nyaya Sanhita, 2021, within the
cognisance of this Court.
(3) On Section 109(2) of the Bhartiya Nyaya Sanhita, 2021
– That you (2) Abhay Singh (3) Arun Shetty and (4) Mahesh
Tiwari committed the offence u/s 334(4) of the Bhartiya
Nyaya Sanhita, 2021, as aforesaid being a member of
 11

organised crime syndicate, and thus committed an offence

punishable u/s 109(2) of the Bhartiya Nyaya Sanhita, 2021,
within the cognisance of this Court.
(4) On Section 109(2) of the Bhartiya Nyaya Sanhita, 2021
– That you (1) Vijay Singhania committed the offence u/s
334(4) of the Bhartiya Nyaya Sanhita, 2021, as aforesaid on
behalf of an organised crime syndicate, and thus committed
an offence punishable u/s 109(2) of the Bhartiya Nyaya
Sanhita, 2021, within the cognisance of this Court.
(5) On Section 109(3) of the Bhartiya Nyaya Sanhita, 2021
– That you all together conspired commit an act punishable
u/s 109(2) of the Bhartiya Nyaya Sanhita, 2021 and thus
committed an offence punishable u/s 109(3) of the Bhartiya
Nyaya Sanhita, 2021, within the cognisance of this Court.
(6) On Section 109(3) of the Bhartiya Nyaya Sanhita, 2021
– That you (2) Abhay Singh (3) Arun Shetty and (4) Mahesh
Tiwari are members of an Organised Crime Syndicate and
thus have committed an offence punishable u/s 109(4) of the
Bhartiya Nyaya Sanhita, 2021, within the cognisance of this
Court.

And I hereby direct that you be tried by this Court on the said
charge.

20th February 2023.

Not guilty. Charge Sd/- (13/02/2023)

not acceptable.
1. Vijay Additional Sessions Judge, Mumbai.
2. Abhay
3. AShtty
4. MSTiwari
 12

CC No. 456/PW/2023

Perusal of chargesheet against Vijay Singhania, Abhay

Singh, Arun Shetty and Mahesh Tiwari filed in CR No. 17 of

2022 prima facie discloses commission of offences u/s

334(4) r/w 3(6) r/w 61, 109(2), 109(3) and 109(4) of the

BNS. The Offences u/s 109(2), 109(3) and 109(4) being

exclusively triable by the Court of Sessions I proceed to pass

the following order;

(a) Commit the present case to the Court of Sessions.

(b) All case records be placed before the Court of

Sessions.

(c) Electronic Devices Seized under Panchnama dated

3rd January 2023 be forwarded to the custody of

Nazar of the Sessions Court.

(d) Nazar of Court to notify the commitment of this

case to the Public Prosecutor.

(e) In the aforesaid terms the case stands disposed off.

13th February 2023.

Sd/- (13/02/2023)

CMM, Bhoiwada Court, Mumbai

 13

CC No. 456/PW/2023

Perusal of chargesheet against Vijay Singhania, Abhay

Singh, Arun Shetty and Mahesh Tiwari filed in CR No. 17 of

2022 prima facie discloses commission of offences u/s

334(4) r/w 3(6) r/w 61, 109(2), 109(3) and 109(4) of the

BNS. Hence I proceed to pass the following order;

I/p against Vijay Singhania, Abhay Singh, Arun Shetty and

Mahesh Tiwari u/s 334(4) r/w 3(6) r/w 61, 109(2), 109(3)

and 109(4) of the BNS.

6th February 2023.

Sd/- (06/02/2023)

CMM, Bhoiwada Court, Mumbai

 14
Chargesheet u/s 193(3) of the Bhartiya Nagarik Suraksha Sanhita, 2021.

1. First Informant – Sumit Sharma. Intimation of filing of Chargesheet given through

WhatsApp Message on 31st January, 2023 @ 07:15hrs.
2. Accused – (a) Vijay Singhania (b) Abhay Singh (c) Arun Shetty (d) Mahesh Tiwari. All
Arrested on the 3rd January, 2023 and forthwith admitted to bail on execution of PR Bond
3000/- each.
3. Nature of Information – Forwarded by NCPR (Ref No. 37252762937454). Registered as
CR No. 17/2022 Dadar Police Station.
4. Witnesses – (a) Sumit Sharma (b) A Pandey (c) C Ramalingam (deceased on 11th January,
2023) (d) Investigating Officer (P. Gaikwad).
5. Outcome of Investigation – The Accused Persons in connivance with one another
downloaded a video of the First Informant from the YouTube and then morphed the same.
They, thereafter uploaded the video on the YouTube in order to defame the First Informant
and to secure victory at the college elections and secure contact numbers of lady students.
The Accused Persons have also committed two other offences in the past 10 years and thus
offence of organised crime also has been invoked against them. Thus, chargesheet filed
against the Accused Persons u/s 334(4) r/w 3(6) r/w 61, 109(2), 109(3) and 109(4) of the
Bhartiya Nyaya Sanhita, 2021.
6. Documents Relied On –
A. NCRP Report dated 19th December, 2022.
B. FIR No. 17/2022 registered with Dadar Police Station.
C. Seizure Panchnama dated 3rd January, 2023.
D. S. 347 Local Inspection Memorandum dated 13th January, 2023.

Coopy of Sd/-
chargesheet received P. Gaikwad
Senior Inspector of Police,

Vijay MSTiwai Dadar Police Station, Mumbai.

Abhay
AShty
 15
Cyber Crime Incident

Complaint/Incident Details
Acknowledgement Number: 37252762937454

Category of Complaint Online and social media related crime

Sub-category of complaint Cyber Bullying

Approximate Date: 2022-12-19 HH: 04 MM: 35 PM

Is there any delay in reporting: No
Supporting Evidence:
Description Text Information Supporting Evidence
Original Video Original Video on the Originalvideo.mp4
YouTube Channel “Sumit
Sharma Updates” which is
of 10 minutes.
Morphed Video Morphed Video which is Morphedvideo.mp4
of 4 minutes

I regularly upload my speeches on

YouTube on Channel name ‘Sumit
Sharma Updates’. ‘Originalvideo.mp4’
annexed herewith, was uploaded by me
Please provide any additional on 21/11/2021. This morning, I came
information about the incident: across ‘Morphedvideo.mp4’ whilesurfing
YouTube. In that video, I am seen
making sexually coloured remarks against
a few of the college's female students. The
morphed video has been uploaded around
six hours ago on the YouTube Channel
‘UserX’. For your ready reference, I have
annexed the original and morphed video
herewith. Elections at my college are
scheduled on the 5th of January 2023.
Vijay Singhania and I are the only two
candidates therein. Abhay Singh, Arun
Shetty and Mahesh Tiwari are close
friends of Vijay Singhania and have been
actively pressurizing me to withdraw from
my candidature. Thus, I suspect that Vijay
Singhania, Abhay Singh, Arun Shetty and
Mahesh Tiwari have morphed and
uploaded the video to defame me.
 16

Suspect Details:

Suspect Name ID Type Country Code ID Number

Vijay Singhania Mobile Number +91 983755322
Abhay Singh Mobile Number +91 946392151
Arun Shetty Mobile Number +91 875342729
Mahesh Tiwari Mobile Number +91 884353728

Please Upload Any Photograph of Suspect’s: Vijay Singhania.jpeg

Abhay Singh.jpeg
Arun Shetty.jpeg
Mahesh Tiwari.jpeg

Address for Suspects

Vijay Singhania:
House No. 2501 Country India
Street Name S M Road State Maharashtra
Colony Sun Tower District Mumbai City
Vill/Town/City Mumbai Police Station Dadar

Tehsil N/A Pincode 400028

Abhay Singh:
House No. 8 Country India
Street Name A G Road State Maharashtra
Colony Chandra Chawl District Mumbai Suburban

Vill/Town/City Mumbai Police Station Shivajinagar

Tehsil N/A Pincode 400088

Arun Shetty:
House No. 12 Country India
Street Name A G Road State Maharashtra
Colony Chandra Chawl District Mumbai Suburban

Vill/Town/City Mumbai Police Station Shivajinagar

Tehsil N/A Pincode 400088

 17

Mahesh Tiwari:
House No. 10 Country India
Street Name A G Road State Maharashtra
Colony Chandra Chawl District Mumbai Suburban

Vill/Town/City Mumbai Police Station Shivajinagar

Tehsil N/A Pincode 400088

Complainant Details
Name Sumit Sharma
Mobile No. 945128876
Gender Male
DOB. 22/02/2001
Father Name: Prithviraj Sharma
Relationship with the Victim Self
National ID of Victim SumitAadhar.jpeg
Email id [email protected]
Nationality: INDIAN

Address for Correspondence

House No. A-901 Country India
Street Name KV Road State Maharashtra
Colony Prem Heights District Mumbai City
Vill/Town/City Mumbai Police Station Dadar

Tehsil N/A Pincode 400028

Number of Uploaded File 2

(1) . File Name: Originalvideo.mp4
Binary Hash of File (SHA256): EAG662H29202IU26239353903681911
Binary Hash of File (MD5): A0848759077492
(2) . File Name: Morphedvideo.mp4
Binary Hash of File (SHA256): 67402408249874268246SHAF91917H1
Binary Hash of File (MD5): 98YRHR4129631
 18

Complaint Transfer to Police

1 message

Cyber Police <[email protected]> Wed, Dec 21, 2022 at 2:53 PM

To: Dadar Police Station <[email protected]>

Sumit Sharma <[email protected]>

Sir/Madam,
The complaint 37252762937454 submitted by Sumit Sharma at NCRP is forwarded to
your office for appropriate action as per law.
Regards,
National Cybercrime Reporting Portal.

37252762937454.pdf
 19
FORM – IF1 - (Integrated Form)

FIRST INFORMATION REPORT

(Under Section 173 The Bharatiya Nagarik
Suraksha Sanhita, 2021)

1. Dist: Mumbai City P.S: Dadar Police Station Year: 2022 F.I.R. No: 17/22 Date: 21/12/2022

2. (i) *Act The Bharatiya Nyaya Sanhita, 2021 *Sections 334(4) r/w 3(6) r/w 61
3.
(a) * Occurrence of Offence: * Day Monday *Date: 19/12/22 *Time: Around 10:00 AM.
(b) * Information received at P.S. Date: 21/12/22 Time: 14:53
(c) General Diary Reference: Entry No(s) 441 Time: 16:15

4. Type of information: Electronic

5. Place of occurrence: (a) Direction and Distance from P.S…….. Beat No.……………..

(b) * Address ……………………………………………………………………………………….

…………………………………………………………………………………………………
(c) In case outside limit of this Police Station, then the name of P.S …………………………
District ……………………………

6. Complainant / information:

(a) Name: Sumit Sharma

(b) Father’s / Husband’s Name: Prithviraj Sharma
(c) Date / Year of Birth: 22/02/2001 (d) Nationality: INDIAN
(e) Passport No: Date of Issue: Place of Issue:
(f) Occupation: Student
(g) Address: A-901, K.V. Road, Prem Heights, Near Shivaji Park, Dadar, Mumbai – 400028.

7. Details of known / suspected / unknown / accused with full particulars(Attach separate

sheet if necessary):
(a) Vijay Singhania – Student
(b) Abhay Singh - Student
(c) Arun Shetty - Student
(d) Mahesh Tiwari - Student

8. Reasons for delay in reporting by the complainant / Informant -NIL

 20
9. Particulars of properties stolen / involved (Attach separate sheet if necessary): N/A

10. * Total value of the properties stole / involved: N/A

11. * Inquest Report /U.D. Case No., if any: N/A

12. F.I.R. Contents (Attach separate sheets, if required):

In the college of the accused, i.e Vijay Singhania, Abhay Singh, Arun Shetty and Mahesh Tiwari and the
complainant, i.e Sumit Sharma, elections were to be conducted. The accused, in order to taint the reputation
of the complainant, obtained a video of the complainant from YouTube and morphed the same wherein he
was seen making sexually coloured remarks against certain lady students from the college. Hence, F.I.R u/s
334(4) r/w 3(6) r/w 61of the Bharatiya Nyaya Sanhita, 2021 was registered against the accused. In termsof
s.173 (1) (ii) of BNSS, original report forwarded by NCRP taken on record.

13. Action taken: Since the above report reveals commission of offence (s) u/s as mentioned at Item
No. 2. registered the case and took up the investigation/ direction /Self Rank Police Inspector to take up the
investigation transferred to P.S on point of jurisdiction.

Signature of the Officer-in-charge, Police

Station
*Name: P. Gaikwad
*Rank: Inspector No. POMH007

14. Date & time of despatch to the Court:

 21
General Diary Details

State: Maharashtra District: Mumbai City

P.S: Dadar Police Station

1. G. D. No.: 441
2. G. D. Date & Time: 21/12/2022 16:15 hrs
3. G. D. Type: Other
4. Entry for (Officer): Sr. Inspector P. Gaikwad
5. Case type: -
6. G. D. Brief: FIR has been registered against Abhay Singh, Arun Shetty, Mahesh Tiwari,
Vijay Singhania for the offences u/s 334(4) r/w 3(6) r/w 61 of Bhartiya Nyaya Sanhita,
2021 based on the complaint forwarded by NCRP via Email.
7. G. D. Subject: To record
8. Acts & Sections:
Sr. Acts Sections
No.

Report Printed on: 21/12/2022 Signature of G. D. Entry By: Sd/-

Report Printed by: P. Gaikwad Name: P. Gaikwad
Name: P. Gaikwad Rank: Inspector
Rank: Inspector No: POMH007
 22
General Diary Details

State: Maharashtra District: Mumbai City

P.S: Dadar Police Station

1. G. D. No.: 442
2. G. D. Date & Time: 21/12/2022 17:15 hrs
3. G. D. Type: Other
4. Entry for (Officer): Sr. Inspector P. Gaikwad
5. Case type: -
6. G. D. Brief: Sumit Sharma attended police station to sign F.I.R. as per s.173 (1) (ii) BNSS.
Free of cost copy delivered to complainant.
7. G. D. Subject: To record
8. Acts & Sections:
Sr. Acts Sections
No.

Report Printed on: 21/12/2022 Signature of G. D. Entry By: Sd/-

Report Printed by: P. Gaikwad Name: P. Gaikwad
Name: P. Gaikwad Rank: Inspector
Rank: Inspector No: POMH007
 23

Outward No.165 of 2022

To,
The Deputy Commissioner of Police,
Zone – V, Worli.
Mumbai – 400018
Date – 21/12/2022

Subject – Seeking to obtain prior permission to conduct investigation in C.R. No 17 of 2022.

Reference- 1. Copy of C.R. No. 17 of 2022 registered at Dadar Police Station. (Copy annexed).

Sir,

Reference C.R. brings forth a cognizable offence. In my opinion, detailed investigation into the
reference C.R. is necessary. Thus, I may be accorded permission in terms of s. 173 (3) BNSS to
conduct investigation.

Regards,
Sd/-
P. Gaikwad,
Senior Police Inspector,
Dadar Police Station.
 24
Outward No. 4322 of 2022

To,
Officer In-Charge,
Dadar Police Station,
Dadar West,
Mumbai – 400028.

Date – 26/12/2022

Subject – Approval to conduct investigation in C.R. No. 17 of 2022, Dadar Police Station.
Read- Outward No.165 of 2022 of Dadar Police Station and annexures therewith.

Permission is accorded to conduct investigation in C.R. No. 17 of 2022 Dadar Police Station
to the Officer in-charge of Dadar Police Station or any other officer deputed by him.

Sd/-
The Deputy Commissioner of Police,
Zone V, Worli
Mumbai – 400018
 25

Outward No.172 of 2022

To,
Deputy Engineer, BEST,
Tilak Road,
Dadar (E),
Mumbai – 400014.

Date – 26/12/2022.

Subject – Request to send two Employees from Electricity Department to act as Panch.

I, undersigned, am conducting an investigation into C.R. No.17 of 2022. In connection therewith,

and having regards to Government Resolution dated 16/05/1994 (Maharashtra State Government,
General Administration Department, Mantralaya, Mumbai CDR/1064) request you to send two
employees of the Electricity Department to the Dadar Police Station on the 03/01/2023 at 11:00
AM to act as Panch.

Regards,
Sd/-
P. Gaikwad,
Senior Police Inspector,
Dadar Police Station.
 26

SUMMONS TO PRODUCE DOCUMENT OR OTHER THING.

(Read Section 94 of BNSS,2021)
To,

Arun Shetty, of 12, Chandra Chawl, Govandi, Mumbai.

WHEREAS, I, undersigned, am conducting investigation in offence registered at C.R. No.17 of 2022,

Dadar Police Station,
AND WHEREAS, for the aforesaid investigation, I have sufficient reasons to believe that search of
your personal laptop and mobile phone is necessary,
AND WHEREAS, for the aforesaid investigation, I have sufficient reasons to believe that your
personal presence at Dadar Police Station is necessary,
You are hereby directed to attend Dadar Police Station on 03/01/2023 at 11:30 AM along with your
laptop and personal mobile phone.
Herein fail not.
Dated, this 26th day of December, 2022.

Sd/-
P. Gaikwad
(Senior Inspector of Police,
Dadar Police Station, Mumbai.)

———————
 27

SUMMONS TO PRODUCE DOCUMENT OR OTHER THING.

(Read Section 94 of BNSS,2021)
To,

Abhay Singh, of 8, Chandra Chawl, Govandi, Mumbai.

WHEREAS, I, undersigned, am conducting investigation in offence registered at C.R. No.17 of 2022,

Dadar Police Station,
AND WHEREAS, for the aforesaid investigation, I have sufficient reasons to believe that search of
your personal laptop and mobile phone is necessary,
AND WHEREAS, for the aforesaid investigation, I have sufficient reasons to believe that your
personal presence at Dadar Police Station is necessary,
You are hereby directed to attend Dadar Police Station on 03/01/2023 at 11:30 AM along with your
laptop and personal mobile phone.
Herein fail not.
Dated, this 26th day of December, 2022.

Sd/-
P. Gaikwad
(Senior Inspector of Police,
Dadar Police Station, Mumbai.)

———————
 28

SUMMONS TO PRODUCE DOCUMENT OR OTHER THING.

(Read Section 94 of BNSS,2021)
To,

Mahesh Tiwari, of 10, Chandra Chawl, Govandi, Mumbai.

WHEREAS, I, undersigned, am conducting investigation in offence registered at C.R. No.17 of 2022,

Dadar Police Station,
AND WHEREAS, for the aforesaid investigation, I have sufficient reasons to believe that search of
your personal laptop and mobile phone is necessary,
AND WHEREAS, for the aforesaid investigation, I have sufficient reasons to believe that your
personal presence at Dadar Police Station is necessary,
You are hereby directed to attend Dadar Police Station on 03/01/2023 at 11:30 AM along with your
laptop and personal mobile phone.
Herein fail not.
Dated, this 26th day of December, 2022.

Sd/-
P. Gaikwad
(Senior Inspector of Police,
Dadar Police Station, Mumbai.)

———————
 29

SUMMONS TO PRODUCE DOCUMENT OR OTHER THING.

(Read Section 94 of BNSS,2021)
To,

Vijay Singhania, 2501, Sun Tower, SM Road, Dadar, Mumbai.

WHEREAS, I, undersigned, am conducting investigation in offence registered at C.R. No.17 of 2022,

Dadar Police Station,
AND WHEREAS, for the aforesaid investigation, I have sufficient reasons to believe that search of
your personal laptop and mobile phone is necessary,
AND WHEREAS, for the aforesaid investigation, I have sufficient reasons to believe that your
personal presence at Dadar Police Station is necessary,
You are hereby directed to attend Dadar Police Station on 03/01/2023 at 11:30 AM along with your
laptop and personal mobile phone.
Herein fail not.
Dated, this 26th day of December, 2022.

Sd/-
P. Gaikwad
(Senior Inspector of Police,
Dadar Police Station, Mumbai.)

———————
 30
General Diary Details

State: Maharashtra District: Mumbai City

P.S: Dadar Police Station
1. G. D. No.: 05
2. G. D. Date & Time: 03/01/2023 11:02 hrs
3. G. D. Type: Other
4. Entry for (Officer): Sr. Inspector P. Gaikwad
5. Case type: -
6. G. D. Brief: A. Pandey and M. Kamble attended police station for panchnama work.
7. G. D. Subject: To Record
8. Acts & Sections:
Sr. Acts Sections
No.

Report Printed on: 03/01/2023 Signature of G. D. Entry By: Sd/-

Report Printed by: P. Gaikwad Name: P. Gaikwad
Name: P. Gaikwad Rank: Inspector
Rank: Inspector No: POMH007
 31
General Diary Details

State: Maharashtra District: Mumbai City

P.S: Dadar Police Station
1. G. D. No.: 07
2. G. D. Date & Time: 03/01/2023 11: 33hrs
3. G. D. Type: Other
4. Entry for (Officer): Sr. Inspector P. Gaikwad
5. Case type: -
6. G. D. Brief: Abhay Singh, Arun Shetty, Mahesh Tiwari, Vijay Singhania present at P.S.
for investigation.
7. G. D. Subject: To Record
8. Acts & Sections:
Sr. Acts Sections
No.

Report Printed on: 03/01/2023 Signature of G. D. Entry By: Sd/-

Report Printed by: P. Gaikwad Name: P. Gaikwad
Name: P. Gaikwad Rank: Inspector
Rank: Inspector No: POMH007
 32
Seizure Panchnama

C.R. No. 17 of 2022 – Dadar Police Station, Mumbai.

A. Pandey. Employee BEST.

C. Ramalingam. Employee BEST.

Date – 03/01/2023.

We, the abovementioned panchas, upon being directed by Dy. Engineer, BEST, Mumbai,
to attend Dadar Police Station for Panchnama work, reached Dadar Police Station at 11:00 hrs. We
were briefed about facts of CR No. 17 of 2022 by the Senior Inspector of Police P. Gaikwad. We
were explained the objective of the panchnama and were thus requested to act as panchas. Upon
the said request, we agreed to act as the panchas.

We were made to sit on nearby benches opposite to the desk of the Senior PI P. Gaikwad.
Four Persons arrived at the Police Station at 11:30 hrs. Upon being asked by PI Gaikwad, the four
students introduced themselves as, Abhay Singh, Arun Shetty, Mahesh Tiwari and Vijay
Singhania. PI Gaikwad then instructed all four of them to place their laptops on his desk and switch
them on. After switching on their laptops, they were asked to insert their respective passwords and
log into their laptops. Abhay Singh inserted ‘AS4455’ as his password, Arun Shetty inserted
‘RS8989’ as his password, Mahesh Tiwari inserted ‘MT3546’ as his password and Vijay
Singhania inserted ‘VS9213’ as his password. PI Gaikwad first inspected the laptop belonging to
Abhay Singh. During the inspection, PI Gaikwad filtered the search to specifically inspect files of
.mp4 format. In this search, PI Gaikwad found two videos with the individual titles of ‘Sumit
Election Video’ and ‘Sumit Election Video – Morphed’. PI Gaikwad then checked the properties
of the video titled ‘Sumit Election Video – Morphed’ and found the video dated as 18/12/2022 at
18:24 hrs with a duration of 4 minutes and 19 seconds. PI Gaikwad then opened the WhatsApp
shortcut which was pinned to the task bar of the said laptop. He opened a group chat named ‘Sumit
Election Group’ and found a 4 minutes 19 seconds video sent on the group at 18:25 hrs on
18/12/2022 by Abhay. The video followed a text sent by Abhay stating ‘will this work?’. This text
was followed by a thumbs up from contacts saved as Arun, Mahesh and Vijay. Following this
was a text from Arun stating ‘As per we had decided, give us the
 33
numbers of Hema, Rekha, Jaya, Sushma, Nirma’ which was sent at 18:30 hrs. After this, PI
Gaikwad checked the laptops of Arun, Mahesh and Vijay bearing Serial No. ‘82L81GT#PD’,
‘74H82RV#NS’ and ‘54H34HY#PL’ respectively and opened the WhatsApp Shortcut and found
the same group chat titled ‘Sumit Election’ along with identical chats and a video.

PI Gaikwad asked everyone to switch off their laptop and placed it in a separate transparent plastic
bag. PI Gaikwad sealed the plastic bags and asked us panchas to sign the sealing label.

The details of seized electronic devices were as follows:

Sr. Description of the Electronic Approximate Serial No. Seized From

No Devices Value
1 1 old, used, black colour HP Rs. 9000/- 50M62CJ#AC Abhay Singh
Laptop
2 1 old, used, white colour HP Rs. 9100/- 82L81GT#PD Arun Shetty
Laptop
3 1 old, used, black colour HP Rs. 9550/- 74H82RV#NS Mahesh
Laptop Tiwari
4 1 old, used, white colour HP Rs. 9875/- 54H34HY#PL Vijay
Laptop Singhania

Thereafter, PI Gaikwad asked Abhay to log into his Google Account from the Desktop at the Dadar
Police Station. Abhay entered Email as: [email protected] and then entered his
password as: ‘Govandi@334’. After Abhay entered the password, two step verification message
from Google was received on the mobile phone in his possession. PI Gaikwad then checked the
message. Google Code ‘101307’ was received in the message. PI Gaikwad then entered that code
in the browser window and secured access to the Google Account. Thereafter, PI Gaikwad visited
the Youtube Account linked to the Google Account abovementioned. It was found that, it was
linked to YouTube Chanel ‘UserX’. It was then seen from the uploads history of the YouTube
Account that a video titled ‘Sumit Sharma Exposed’ of length 04:19 mins was uploaded on the 19th
December 2022 at 09:35 hrs. PI Gaikwad then played the said video. In that video, one person was
seen making sexually coloured remarks against certain college students.
 34
PI Gaikwad then asked Abhay Singh to switch off the mobile phone and placed it in a separate
transparent plastic bag. PI Gaikwad sealed the plastic bag and asked us panchas to sign the sealing
label.

The details of seized mobile phone are as under:

Sr. Description of the Electronic Approximate Serial No. Seized From

No Devices Value
1. Redmi A5 Blue Colour Rs 7600/- N/A Abhay Singh
Smartphone IMEI No.
3549227677492 along with
SIM Card ICCID No.
11223344556677889900.

PI Gaikwad then logged out of the Google Account from the Desktop at the Dadar Police Station.
The Panchnama commenced at 12:15 hrs and completed at 13:00 hrs. This Panchnama has been
duly read out to us and that we have put our signatures at the foot in affirmation thereof.

Mumbai,
3rd January, 2023.

Panchas

1. Sd/- (A. Pandey).

2. Sd/- (C. Ramalingam).

Sd/-
Sr Inspector of Police, P. Gaikwad
Dadar Police Station.
 35
General Diary Details

State: Maharashtra District: Mumbai City

P.S: Dadar Police Station
1. G. D. No.: 11
2. G. D. Date & Time: 03/01/2023 13:30 hrs
3. G. D. Type: Other
4. Entry for (Officer): Sr. Inspector P. Gaikwad
5. Case type: -
6. G. D. Brief: Abhay Singh, Arun Shetty, Mahesh Tiwari, Vijay Singhania were arrested in
connection CR No.17 of 2022 and forthwith admitted to bail upon executing a personal
recognizance bond.
7. G. D. Subject: To Record
8. Acts & Sections:
Sr. Acts Sections
No.

Report Printed on: 03/01/2023 Signature of G. D. Entry By: Sd/-

Report Printed by: P. Gaikwad Name: P. Gaikwad
Name: P. Gaikwad Rank: Inspector
Rank: Inspector No: POMH007
 36

BOND AND BAIL BOND FOR ATTENDANCE BEFORE OFFICER IN CHARGE OF

POLICE STATION

(SEE SECTION 480, 481, 482, 483, 484 and 487 of BNSS)

I, Vijay Singhania of 2501, Sun Towers, Dadar, Mumbai, having been arrested or detained
without warrant by the Officer in charge of Dadar Police Station, charged with the offence U/s
334(4) r/w 3(6) r/w 61 of the Bharatiya Nyaya Sanhita Act, 2021, and required to give security for
my attendance before such Officer or Court on condition that I shall attend such Officer or Court
on everyday on which any investigation or trial is held with regard to such charge, and in case of
my making default herein, I bind myself to forfeit to government the sum of Three Thousand
Rupees.

Dated, this 3rd Day of January, 2023.

Sd/-

Vijay Singhania
 37

BOND AND BAIL BOND FOR ATTENDANCE BEFORE OFFICER IN CHARGE OF

POLICE STATION

(SEE SECTION 480, 481, 482, 483, 484 and 487 of BNSS)

I, Abhay Singh, of 8, Chandra Chawl, Govandi, Mumbai, having been arrested or detained
without warrant by the Officer in charge of Dadar Police Station, charged with the offence U/s
334(4) r/w 3(6) r/w 61 of the Bharatiya Nyaya Sanhita Act, 2021, and required to give security for
my attendance before such Officer or Court on condition that I shall attend such Officer or Court
on everyday on which any investigation or trial is held with regard to such charge, and in case of
my making default herein, I bind myself to forfeit to government the sum of Three Thousand
Rupees.

Dated, this 3rd Day of January, 2023.

Sd/-

Abhay Singh
 38

BOND AND BAIL BOND FOR ATTENDANCE BEFORE OFFICER IN CHARGE OF

POLICE STATION

(SEE SECTION 480, 481, 482, 483, 484 and 487 of BNSS)

I, Arun Shetty, of 12, Chandra Chawl, Govandi, Mumbai, having been arrested or detained
without warrant by the Officer in Charge of Dadar Police Station, charged with the offence U/s
334(4) r/w 3(6) r/w 61 of the Bharatiya Nyaya Sanhita Act, 2021, and required to give security for
my attendance before such Officer or Court on condition that I shall attend such Officer or Court
on everyday on which any investigation or trial is held with regard to such charge, and in case of
my making default herein, I bind myself to forfeit to government the sum of Three Thousand
Rupees.

Dated, this 3rd Day of January, 2023.

Sd/-

Arun Shetty
 39

BOND AND BAIL BOND FOR ATTENDANCE BEFORE OFFICER IN CHARGE OF

POLICE STATION

(SEE SECTION 480, 481, 482, 483, 484 and 487 of BNSS)

I, Mahesh Tiwari, of 10, Chandra Chawl, Govandi, Mumbai, having been arrested or
detained without warrant by the Officer in charge of Dadar Police Station, charged with the offence
U/s 334(4) r/w 3(6) r/w 61 of the Bharatiya Nyaya Sanhita Act, 2021, and required to give security
for my attendance before such Officer or Court on condition that I shall attend such Officer or
Court on everyday on which any investigation or trial is held with regard to such charge, and in
case of my making default herein, I bind myself to forfeit to government the sum of Three
Thousand Rupees.

Dated, this 3rd Day of January, 2023.

Sd/-

Mahesh Tiwari
 40
Outward No. 7 of 2023
To,
Chief Metropolitan Magistrate,
Bhoiwada,
Mumbai- 400012
Date: 03/01/2023

Subject – Intimation of Seizure of Digital devices in CR. No. 17 of 2022

Following property is seized in regards CR. No. 17 of 2022, Dadar Police Station.
Sr. Description of the Electronic Approximate Serial No. Seized From
No Devices Value
1 1 old, used, black colour HP Rs. 9000/- 50M62CJ#AC Abhay Singh
Laptop
2 1 old, used, white colour HP Rs. 9100/- 82L81GT#PD Arun Shetty
Laptop
3 1 old, used, black colour HP Rs. 9550/- 74H82RV#NS Mahesh
Laptop Tiwari
4 1 old, used, white colour HP Rs. 9875/- 54H34HY#PL Vijay
Laptop Singhania
5 Redmi A5 Blue Colour Rs 7600/- N/A Abhay Singh
Smartphone IMEI No.
3549227677492 along with
SIM Card ICCID No.
11223344556677889900.

The above-mentioned property is forwarded to the NAZAR of the Court for safe custody.
Regards,
Sd/-
P. Gaikwad
Senior Inspector,
Dadar Police Station.
 41
IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE
BHOIWADA, MUMBAI

Criminal MA No. 4 of 2023

State of Maharashtra …… Prosecution

Vs
Abhay Singh and Ors ……Respondents
Application for Local Inspection
u/s. 347 of Bhartiya Nagarik
Suraksha Sanhita, 2021.
Application by Prosecution is as under;
1. CR No. 17/2022 has been registered at the Dadar Police Station u/s 334(4) r/w
3(6) r/w 61 of the Bhartiya Nyaya Sanhita, 2021 against Mr. Abhay Singh, Arun
Shetty, Mahesh Tiwari and Vijay Singhania.
2. Stated in brief, the Prosecution Case is that the Accused Persons morphed a
video available on YouTube and then uploaded the morphed video to defame
Mr. Sumit Sharma. Upon preliminary investigation carried out in the captioned
CR, it is revealed that the case against the accused persons is well founded.
3. The Modality employed by the Accused Persons of uploading the video on a
public platform render securing the presence of the persons who have actually
seen the video extremely remote and costly. And thus, it would be in the interest
of justice if ‘Local Inspection’ is conducted in the present case by actually
visiting the YouTube Link and noting the comments thereon. Relevant
YouTube Link → youtubemorphinglink.com
4. Court Fees of Rs 10/- is paid electronically.
5. Thus, it is prayed that;
A. Local Inspection be conducted with reference toyoutubemorphinglink.com.
B. Any other order in the interest of justice be made.
Mumbai
 42
6th January 2023

Sd/-
Public Prosecutor

Other Side to Say.

Sd/- 06/01/2023
(Chief Metropolitan Magistrate, Bhoiwada).

No Objection for 347 Inspection

1. Sd/- (10/01) Abhay Singh

2. Sd/- (10/01) Arun Shetty
3. Sd/- (10/01) Mahesh Tiwari
4. Sd/- (10/01) Vijay Singhania

Order Below Exh 1

Read the Application by the Prosecution. In the era of technology YouTube Link can
be considered as a ‘place’ in terms of S. 347 of the BNSS, 2021. In any case no
prejudice would be caused to the Accused who have given ‘no objection’ by appearing
in person. Thus, I proceed to pass the following order;
1. Exh 1 is allowed.
2. Local Inspection be carried out in reference to YouTube Link →
youtubemorphinglink.com on the 13th of January, 2023 at 16:00hrs.
3. Parties to be informed of this order.
4. Copy of this order be sent to Nazar of this Court for appropriate action.
10th January 2023

Sd/-
Harsh Bhosale
(Chief Metropolitan Magistrate, Bhoiwada).
 43

IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE

BHOIWADA, MUMBAI
Criminal MA 4/2023
(Memorandum of Inspection u/s 347 Bhartiya Nagarik Suraksha Sanhita, 2021)
State of Maharashtra …… Prosecution
Versus
Abhay Singh and Ors ……Respondents

Observations and Findings

1. I am carrying out this local inspection, as per Order dated 10th January, 2023,
Below Exhibit 1 in Criminal MA 7/2023.
2. On the 13th of January, 2023 at 16:00hrs, I accessed the link
‘youtubemorphinglink.com’ from the desktop of the Registrar of this Court.
3. Upon visiting the said link, I could find that the video associated with the link
was about a person making sexually coloured remarks about some lady college
students. The video is of 4 minutes and 19 seconds. I have hereunder reproduced
the sexually coloured remarks;
A. @ 00:13 to 00:45→ [Specific Sexually Coloured Remarks 1].
B. @ 01:23 to 01:29 → [Specific Sexually Coloured Remarks 2].
C. @ 3:42 to 04:14 → [Specific Sexually Coloured Remarks 3].
4. Below that video I have seen a total of 506 comments. Out of which 34 comments
were by men and the rest were by women. I have hereunder reproduced some of
the comments:
Sr Google Account Name Comment
No.
01 ashishxoxo what a loud, chauvinist pig!
02 User942 Sumit Sharma should kill himself

03 moonchild01 Sumit Sharma is a sexual predator

 44
04 Admin43 Girls, beware of this predator

5. Upon inspecting the details of the video, I could see that the video has been
uploaded on the 18th December, 2022 by the Channel titled ‘UserX’.
6. In my opinion, the video is certainly defamatory in nature and has lowered the
reputation of the speaker in the estimation of others.
7. The Local Inspection commenced at 16:00hrs and concluded at 17:15hrs.
8. Upon completing the inspection, I logged out of the session.

Dated: 13th January, 2023.

Seal of Court

Sd/-
Chief Metropolitan
Magistrate, Bhoiwada,
Mumbai.
 45
To,
The Honorable CMM,
Bhoiwada Court, Mumbai.
Subject: Intimation of addition of sections in CR No. 17/2022 registered with
Dadar Police Station.
Sir,
During the investigation of the captioned CR, it is revealed that the Accused
Persons have earlier committed the following offences of which the competent
court has taken cognizance;

Offence 1
Date of FIR → 21st March, 2019 (u/s 420 r/w 34 IPC)
Accused Persons → Abhay Singh, Arun Shetty and Mahesh Tiwari.
Date of Filing of Chargesheet → 2nd May, 2019.
Present Status → Pending Final Adjudication before Competent Court.
Offence 2
Date of FIR → 18th October, 2021 (u/s 116(2) r/w 3(6) BNS)
Accused Persons → Abhay Singh, Arun Shetty and Mahesh Tiwari.
Date of Filing of Chargesheet → 22nd November, 2021.
Present Status → Pending Final Adjudication before Competent Court.
Having regards to the aforesaid sections 109(2), 109(3) and 109(4) of the Bharatiya
Nyaya Sanhita, 2021 are added in the Captioned CR against the Accused Persons
Vijay Singhania, Abhay Singh, Arun Shetty and Mahesh Tiwari.
Copy of the relevant GD is annexed herewith.
Certified Copies of the I/P Orders are annexed herewith.
Mumbai
20th January, 2023.
Sd/-
P. Gaikwad
Senior Inspector of Police,
Dadar Police Station, Mumbai.
 46
General Diary Details

State: Maharashtra District: Mumbai City

P.S: Dadar Police Station

1. G. D. No.: 44
2. G. D. Date & Time: 20/01/2023 07:15 hrs
3. G. D. Type: Other
4. Entry for (Officer): Sr. Inspector P. Gaikwad
5. Case type: -
6. G. D. Brief: Sections 109(2), 109(3) and 109(4) added to CR No. 17/2022.
7. G. D. Subject: To record
8. Acts & Sections:
Sr. Acts Sections
No.

Report Printed on: 20/01/2023 Signature of G. D. Entry By: Sd/-

Report Printed by: P. Gaikwad Name: P. Gaikwad
Name: P. Gaikwad Rank: Inspector
Rank: Inspector No: POMH007
 47
CC No. 5675/PW/2019

Perused the Charge Sheet. Upon reading the contents of the Chargesheet I am
satisfied that a prima facie case u/s 420 r/w 34 IPC made out against Abhay
Singh, Arun Shetty and Mahesh Tiwari. Thus, I proceed to pass the following
order;
Issue Process Against Abhay Singh, Arun Shetty and Mahesh Tiwari.

2nd May, 2019.

Sd/-

Harsh Bhosale
Chief Metropolitan Magistrate,
Bhoiwada Court, Mumbai.
Certified Copy
 48
CC No. 5675/PW/2019

Perused the Charge Sheet. Upon reading the contents of the Chargesheet I am
satisfied that a prima facie case u/s 116(2) r/w 3(6) BNS made out against
Abhay Singh, Arun Shetty and Mahesh Tiwari. Thus, I proceed to pass the
following order;
Issue Process Against Abhay Singh, Arun Shetty and Mahesh Tiwari.

22nd November, 2021.

Sd/-

Harsh Bhosale
Chief Metropolitan Magistrate,
Bhoiwada Court, Mumbai.
Certified Copy