Purushan Eloor v. Deputy Superintendent of Police
2013 SCCOnline Ker 1176
In the Kerala High Court
WP (C) No. 39022/2012
Before Justice T R Ramachandran Nair
Decided on January 09, 2013
Relevancy of the case: Directions sought for assistance to be taken from Cyber Crime Investigation Cell
Statutes & Provisions Involved
- The Information Technology Act, 2000 (Section 43(b), 66, 66A, 72)
- The Indian Penal Code, 1860 (Section 193, 464)
Relevant Facts of the Case
- The petitioner is an environmental and social activist and he is involved in various struggles and litigations in the Eloor-Edayar area.
- He filed a complaint with the office of the respondent for the prosecution of Trade Union Standing Council Members for prosecution under the above-mentioned statutes and provisions.
- Along with this complaint, the respondent also received one direction from the office of Additional Director General of Police (Crimes), Thiruvananthapuram to investigate certain attempts made by non-governmental organizations to destroy certain vital industries and against the national
- The petitioner has approached this court for issuing a writ of mandamus or any other writ or appropriate direction to initiate the investigation on the complaint filed by him with the assistance of Cyber Crime Investigation Cell as the crimes are related to cybercrime.
Prominent Arguments by the Advocates
- The Government Pleader stated that the response has received the instruction from his higher authorities and a direct complaint addressed to his office from the petitioner in this case.
- Since the complaint received is similar to the instruction received from higher authorities, both have been incorporated and the inquiry is going on.
Opinion of the Bench
Since the inquiry is still going on, the Court cannot adjudicate on any issue.
- The court directed the respondent to conduct a fair investigation into the matter and the writ petition was disposed of without any costs.
- Since the nature of crimes involves the use of technology, the court should have also directed to mandatorily take help from the Cyber Crime Investigation Cell for an efficient and thorough investigation.