Karnataka High Court
Spurge It Services (Opc) Pvt Ltd vs State Of Karnataka on 17 December, 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17th DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR.JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No.6938/2021
BETWEEN:
SPURGE IT SERVICES (OPC) PVT LTD
A COMPANY INCORPORATED UNDER THE
INDIAN COMPANIES ACT, 1956 HAVING
ITS REGISTERED OFFICE AT NO.677,
1ST FLOOR, 16TH MAIN,
6TH 'A' CROSS ROAD,
BEHIND BDA COMPLEX,
KORAMANGALA,
BANGALORE 560034.
REPRESENTED BY ITS DIRECTOR,
KATHAN N SHAH,
AGED ABOUT 28 YEARS
... PETITIONER
(BY SRI.MOHANA CHANDRA P., ADV.)
AND:
STATE OF KARNATAKA
CYBER CRIME POLICE STATION,
VIDHANA SOUDHA CID BRANCH,
REPRESENTED BY ITS STATE PUBLIC
PROSECUTOR, AMBEDKAR VEEDHI,
BANGALORE-560001.
...RESPONDENT
(BY SRI. B.J. ROHITH, HCGP )
THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING
TO QUASH THE IMPUGNED ORDER DATED 27.08.2021 PASSED
BY THE COURT OF 52ND ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU IN CRL.RP.NO.149/2021 AND
2
QUASH THE IMPUGNED ORDER DATED 16.02.2021 PASSED BY
THE COURT OF 1ST A.C.M.M., BENGALURU IN CR.NO.18/2020
OF CYBER CRIME P.S., VIDHANA SOUDHA CID BRANCH IN SO
FAR AS IMPOSING CONDITION NO.4 TAKING MIRROR IMAGE OF
THE HARD DISC WITH THE HELP OF FORENSIC EXPERTS
BEFORE HANDING OVER THE LAPTOPS TO THE PETITIONER
AND DIRECT THE RESPONDENTS TO RELEASE THE HARD DISC
TO THE CUSTODY OF THE PETITIONER BY ALLOWING THE
PETITION.
This petition coming on for orders, this day, the
court made the following:
ORDER
This petition is filed under Section 482 of Cr.P.C. for quashing condition No.4 in the order dated 16.2.2021 passed by the I Addl. C.M.M., Bengaluru in Cr.No.18/2020 registered by the Cyber crime police station, Vidhana Soudha CID Branch, Bengaluru.
2. Heard Sri.Mohana Chandra.P counsel for the petitioner and the Government Pleader who has taken notice for the respondent.
3. The petitioner made an application under Sections 451 and 457 of Cr.P.C. seeking to his interim custody of 700 laptops, 700 chargers and 500 wired mouses which were seized by the police. By order dated 3 16.2.2021 the Magistrate allowed the application but put condition No.4 that the laptops should be handed over to the interim custody of the petitioner after taking mirror images of the hard disc with the help of forensic expert.
4. The petitioner's grievance is that the Magistrate ought to have directed the Investigating Officer to take the mirror images within a fixed time frame. So far the investigating officer has not taken any steps to release the hard disc. The petitioner questioned the same by filing a revision petition before the Sessions Court. But the said revision petition was dismissed on the ground that the order passed by the Magistrate was an interlocutory order against which revision petition was not maintainable and hence the petitioner is before this court under Section 482 of Cr.P.C.
5. It is submitted by the learned counsel for the petitioner that the investigating officer has returned the 4 laptops by removing the hard disc. The order of the Magistrate directs the mirror images of the hard disc to be taken. If the investigating officer has not complied with the direction given by the Magistrate for returning the hard disc by taking the mirror images, definitely it causes great hardship to the petitioner.
6. Having noticed that the Magistrate has not fixed any time frame for returning the hard disc, a direction to the investigating officer is just enough. Therefore, the investigating officer is hereby directed to return the hard disc by taking mirror images as directed by the Magistrate in his order dated 16.2.2021 within a period of 15 days from the date of production of this order.
With this observation, the petition stands disposed of.
Sd/-
JUDGE Dvr: