IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 17005 of 2011(A) ---------------------------------- PETITIONER(S): ------------------- DOMINIC THOMAS, MANAGING DIRECTOR, SARVA OUTSOURCING SOLUTIONS PVT.LTD., NO.103, SHRADDHA SPRINGFIELDS,VIJAYA BANK COLONY EXTENSION BEHIND ASR KALYAN MANTAPA, DODA, BANASWADI, BANGALORE-5600043. BY SRI.P.SANTHALINGAM, SENIOR ADVOCATE ADV.SRI.S.SHARAN RESPONDENT(S): -------------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. DIRECTOR GENERAL OF POLICE, O/O THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-695001. 3. CIRCLE INSPECTOR OF POLICE, CYBER CELL, THIRUVANANTHAPURAM-695001. 4. THE SUB INSPECTOR, CYBER ENQUIRY CELL, COCHIN-682031. 5. STEPHEN ANTONY, CHIEF EXECUTIVE OFFICER,RABBONI CONVERGENCE TECHNOLOGIES RESEARCH AND DEVELOPMENT PVT.LTD.,MARY MAJOR MUNDAKKAL WEST, KOLLAM-691 001. 6. MR.ANTONY, DIRECTOR, RABBONI CONVERGENCE TECHNOLOGIES RESEARCH AND DEVELOPMENT PVT.LTD., MARY MAJOR MUNDAKKAL WEST, KOLLAM-691 001. 7. MRS.DELSY ANTONY, DIRECTOR, RABBONI CONVERGENCE TECHNOLOGIES RESEARCH ANDDEVELOPMENT PVT.LTD., MARY MAJOR MUNDAKKAL WEST, KOLLAM-691 001. 8. RABBONI CONVERGENCE TECHNOLOGIES RESEARCH AND DEVELOPMENT PVT.LTD.,MARY MAJOR MUNDAKKAL WEST, KOLLAM-691 001. R1 TO R4 BY GOVT. PLEADER SRI.JAYASURYA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.17005/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE E-MAIL DATED 11/08/2010 SEND BY THE 5TH RESPONDENT TO THE PETITIONER. P2: COPY OF THE E-MAIL DATED 15/08/2010 SEND BY THE 5TH RESPONDENT TO THE PETITIONER. P3: COPY OF THE E-MAIL DATED 14/08/2010 SEND BY THE 5TH RESPONDENT TO THE PETITIONER. P4: COPY OF THECOMPLAINT DATED 21/09/2010 FILED BY THE 4TH RESPONDENT TO THE COMMISSIONER OF POLICE, COCHIN. P5: COPY OF THE EXPLANATION DATED 25/09/2010 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT. P6: COPY OF THE FIR NO.21 DATED 21/10/2010 AND THE ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT - I, ALUVA. P7(a):COPY OF THE MAHAZAR DATED 27/10/2010 PREPARED BY THE CIRCLE INSPECTOR OF POLICE, CYBER CRIME, THIRUVANANTHAPURAM. P7(b):COPY OF THE SEIZURE LIST DATED 27/10/2010 PREPARED BY THE CIRCLE INSPECTOR OF POLICE, CYBER CRIME, THIRUVANANTHAPURAM. P7(c):COPY OF THE SEIZURE LIST DATED 13/11/2010 PREPARED BY THE CIRCLE INSPECTOR OF POLICE, CYBER CRIME, THIRUVANANTHAPURAM. P8: COPY OF THE E-MAIL DATED 29/09/2010 SEND BY THE 5TH RESPONDENT TO THE NUMBER OF INSTRUCTIONS. P9: COPY OF THE E-MAIL DATED 05/06/2011 SEND BY THE 5TH RESPONDENT. P10: COPY OF THE E-MAIL DATED 22/03/2011 SEND BY THE 5TH RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P.JOSEPH, J. ==================================== W.P(C) No.17005 of 2011 ==================================== Dated this the 24th day of June, 2011 J U D G M E N T Public Prosecutor takes notice for respondents 1 to 4. In the nature of the order I propose to pass notice to the other respondents is dispensed with. 2. On the oral statement of the 5th respondent, the Cyber Crime Police Station, Thiruvananthapuram has registered a case against petitioner as Crime No.21 for offences punishable under Sections 65 and 43 read with Section 66 of the Information Technology Act, 2008 (for short, “the Act”). It is contended that 5th respondent and two of his employees were considered for giving an assignment and before the assignment was given, they were given basic training. None of them completed the basic training successfully. Fifth respondent tried to extort money from petitioner by blackmailing and sending false and defamatory e-mail to the clients of petitioner in the United States. While so, the 5th respondent gave statement to the Cyber police based on which case was registered against petitioner. It is further contended that in order to find truth of allegations made by the 5th respondent, matter was referred to the C-dac and it is W.P(C) No.17005 of 2011 -: 2 :- understood that the C-dac has exposed the false claim made by the 5th respondent. But police has not submitted a final report in the matter which is causing much inconvenience to the petitioner. Hence this Writ Petition. It is prayed that respondents 2 to 4 may be directed to submit final report in the matter along with the report furnished by the C-dac. The further prayer is for a direction to respondents 2 to 4 to register a case against respondents 5 to 7 for offence of hacking under Secs.65 and 66 of the Act. Yet another prayer is for a direction to respondents 2 to 4 to take necessary steps to return the articles seized as per Ext.P7 series, mahazars and seizure register. I have heard learned Senior Advocate for petitioner and learned Public Prosecutor. 3. So far as the ongoing investigation against petitioner is concerned it is for the Officer investigating the case to submit appropriate final report before the court concerned based on materials collected in the investigation. This Court cannot direct in what way the report has to be submitted. But the investigation cannot prolong in view of the difficulties expressed by petitioner and since speedy investigation is a fundamental right. 4. So also, no direction could be issued to respondents 2 to 4 to register any case against respondents 5 to 7. If information regarding commission of any cognizable offence is disclosed, it is for W.P(C) No.17005 of 2011 -: 3 :- the police to register a case and if that is not done, petitioner can approach the superior police Officer under Sec.154(3) or jurisdictional Magistrate with a complaint under Sec.190 of the Code of Criminal Procedure. Having regard to the circumstances stated this Writ Petition is disposed of directing the third respondent who is investigating Crime No.21 of the Cyber Crime Police Station, Thiruvananthapuram to complete investigation and submit final report in the appropriate manner as early as possible. THOMAS P. JOSEPH, JUDGE. vsv