Delhi High Court - Orders
Tarun Kumar vs State (Govt. Of Nct Of Delhi) & Ors on 21 January, 2019
Author: Mukta Gupta
Bench: Mukta Gupta
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2765/2018
TARUN KUMAR ..... Petitioner
Represented by: Mr.Maninder Singh, Ms.Aekta Vats,
Mr.Anuj Singh, Mr.Sankalp Kohli
and Mr.Aahil Arora, Advocates
versus
STATE (GOVT. OF NCT OF DELHI) & ORS. ..... Respondents
Represented by: Mr.Ashish Aggarwal, ASC for the
State with Insp.Samar Pal, PS EOW
and SI Rohit Kumar, Cyber Cell,
Crime Branch, Darya Ganj
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 21.01.2019
1. This Court had specifically directed to reply on para 6 of the writ petition which reply was filed by the DCP concerned on 20 th November, 2018. A perusal of the said status report reveals that except arresting the accused no further action has been taken because the laptops and mobile phones of the accused had been seized by the Pune Police and despite armed with the Court order asking the RFSL to provide them a clone image of the various datas on their refusal to give the clone image, till date no action has been taken. When this Court put a pointed query to the Investigating Officer as to why the clone images despite the order of the Court were not taken from the RFSL, the Investigating Officer replies that the exhibits were taken W.P.(CRL) 2765/2018 page 1 of 2 back by the Pune Police for analysis for a private consultation and were thus not with the RFSL. On a further query put by this Court as to what steps have been made to take the clone image or copies from the Pune Police, the answer is that 'we are in regular touch with Pune Police' however till date nothing has been received from them so that further investigation could be carried out. It was for this reason that this Court had asked the Joint CP, Special Cell to file a status report indicating whether they have a proper mechanism for investigation for which a status report under the signatures of Additional CP Special Cell has been filed on 15 th January, 2019 stating that they have the entire equipments as well as it is an ongoing mechanism and the cyber cell is being updated regularly. As noted above, despite the claim that the cyber cell is updated, investigation in FIR No.35/2018 registered on 6th March, 2018 under Sections 406/409/420/120-B/34/109/201/204 IPC and Section 66 of the Information Technology Act at PS EOW has not proceeded with except for arresting the accused who were already arrested by the Pune Police.
2. Copy of this order be communicated to the Commissioner of Police and an affidavit will be filed on behalf of the Commissioner of Police indicating what investigation is being carried out in cases involving bitcoins where large number of innocent people are cheated.
3. Renotify on 23rd April, 2019.
MUKTA GUPTA, J.
JANUARY 21, 2019 Mamta W.P.(CRL) 2765/2018 page 2 of 2