Madras High Court
Bhuvaneshwari vs The State Rep. By on 10 December, 2021
Author: G.Jayachandran
Bench: G.Jayachandran
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 10.12.2021
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P(MD)No.14320 of 2014
Bhuvaneshwari ...... Petitioner
Vs.
1. The State rep. by
The Sub Inspector of Police
Madurai Cyber Crime(city)
Madurai District
2. The Secretary
Home Department, Secretariat
Chennai
3. The Superintendent of Police
Cyber Crime Cell, CBCID
Egmore,Chennai
(R2 and R3 are suo motu impleaded as per the order
of this Court dated 03.09.2014)
4. Google India Private Limited
Unitech Signature Tower II
Tower B, Sector – 15
Part II, Village, Silohere, Gurgaon 122001
(R4 deleted vide order dated 10.10.2014)
5. Union of India
Rep. by its Secretary
Department of Information and Technology
New Delhi
(R5 suo motu impleaded as per the order
of this Court dated 10.10.2014) .... Respondents
https://www.mhc.tn.gov.in/judis
2
PRAYER: Criminal Original Petition is filed under Section 482 of the Code of
Criminal Procedure, to direct the respondent to take necessary steps for
deactivating the ID such as [email protected], [email protected],
irkboo@hotmail .com and consequently direct the respondent to file the final
report in Crime No. 90 of 2013 on the file of the Sub Inspector of Police,
Madurai Cyber Crime (City), Madurai Distrct within three weeks.
For Petitioner : No appearance
For Respondent : Mr.Thiruvadikumar
No.1 to 3 Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed by the defacto complainant in Crime No. 90 of 2013 seeking direction of this Court to take necessary steps for deactivating the ID such as as krishnan 306@ gmail.com, [email protected], irkboo@hotmail .com alleged to be used by the accused Radhakrishnan to upload the photographs and offensive materials against the defacto complainant.
2. From the records, this Court finds that based on the complaint given by the petitioner herein on 19.09.2013 a case has been registered against one Radhakrishnan for offences under Sections 66(A) of Information Technology Act, 506(i) of IPC and Section 4 of the TNPHW Act. Whileso, the present petition has been filed on 30.07.2014 for direction as mentioned above.
https://www.mhc.tn.gov.in/judis 3
3. This Court taking note of the fact that the obscene materials were uploaded in the internet platform like Google India, impleaded suo motu the Union of India and others and called for the reports, to prevent such misuse of such platforms. The Inspector of Police, Cyber Crime Cell has also filed a status report stating that pursuant to the registration of the complaint request was made to the Google India , service provider of the G.mail facility and the same has now been deactivated.
4. Further the learned Additional Public Prosecutor would submit that so far as the investigation in Crime No.90 of 2013 initiated by the petitioner herein in concerned on completion of investigation final report has been filed before the learned Judicial Magistrate, Magisterial Level, and the same has been taken cognizance in C.C. No.78 of 2017.
5. Since the prayer of deactivation of G.mail account and filing of final report has been complied with, this Criminal Original Petition is disposed of.
10.12.2021
Index : Yes/No
Internet : Yes/No
aav
https://www.mhc.tn.gov.in/judis 4 To
1. The Secretary Home Department, Secretariat Chennai
2. The Superintendent of Police Cyber Crime Cell, CBCID Egmore,Chennai
3. The Sub Inspector of Police Madurai Cyber Crime(city) Madurai District
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis 5 DR.G.JAYACHANDRAN, J.
aav Crl.O.P(MD)No.14320 of 2014 https://www.mhc.tn.gov.in/judis 10.12.2021