Sasoondock Matsyodhog Sahakari Society Ltd v. State of Maharashtra
In the Bombay High Court
Criminal Writ Petition No. 2408 of 2013
Before Justice Ranjit More and Justice Anuja Prabhudessai
Decided on January 29, 2015

Relevancy of the case: Whether a case registered under the provisions of the IT Act, 2000 must be investigated by the specialists i.e. the Cyber Cell?

Statutes & Provisions Involved

• The Constitution of India, 1960 (Article 226 & 227)
• The Information Technology Act, 2000 (Section 43, 66)
• The Indian Penal Code, 1860 (Section 403, 407, 408, 409, 420, 465, 467, 511)
• The Criminal Procedure Code, 1973 (Section 156(3))

Relevant Facts of the Case

• This petition is filed for transfer of investigation of FIR No. 17 of 2012 registered at Uran Police Station to the Cyber Cell of Police Department at Belapur.
• The petitioner (Sasoondock Mastyodhog Sahakari Society Ltd) had filed a complaint before the Judicial Magistrate, First Class, at Uran against its Manager and others alleging the commission of an offence by them under abovementioned sections of the IPC, 1860 and the IT Act 2000.
• After hearing the complainant, Magistrate passed an order under Sec 156(3) of CrPC and referred the complaint to Inspector of Police, Uran Police station for investigation.
• The grievance of the petitioner is that the FIR is registered long back, but so far, neither the investigation is carried out nor any reply is filed by investigation offer.
• Petitioner also submitted that as the CR contains the provisions of IT Act 2000, it requires to be investigated by the special agency having expertise i.e. Cyber Cell at Belapur.

Opinion of the Bench

• The facts remain that no explanation is coming forward as to why early and present investigation officers have not carried out the investigation.
• Be that as it may, since the allegations for breach of provisions of the IT Act 2000 are made, the present case must be investigated by specialists.

Final Decision

The petition was disposed of by passing following order –

1. Investigation of FIR No. 17 of 2012 registered at Ural Police Station is transferred to the Cyber Cell of Police Department at Belapur.
2. Considering the offence was registered long back in December 2012, the Cyber Cell, Belapur is directed to complete the investigation and file the report as soon as possible, preferably within 6 months.