Madras High Court
Priya Biswa Kumar vs The Director General Of Police on 8 August, 2024
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.OP(MD)No.9140 of 2024rl.OP(MD)No.9140 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Crl.OP(MD)No.9140 of 2024
Priya Biswa Kumar :
Petitioner
Vs.
1.The Director General of Police,
Kamarajar Salai,
Kailasapuram,
Mylapore,
Chennai.
2.The Inspector of Police,
District Crime Branch,
Madurai District.
Cr.No.7/2023
3.The Inspector of Police,
City Crime Branch,
132, EVK Sambath Road,
Vepery, Periyamedu,
Chennai.
4.The Inspector General of Police,
South Zone,
Madurai.
5.The Additional Director General of Police,
Cyber Crime Wing,
Police Training College,
Ashok Nagar,
Chennai – 600 083.
6.The Secretary to Government,
1/201/20
https://www.mhc.tn.gov.in/judis
Crl.OP(MD)No.9140 of 2024rl.OP(MD)No.9140 of 2024
Home Department,
State of Tamil Nadu,
Chennai. :
Respondents
[R.4 suo-motu impleaded vide order dated 01.07.2024]
[R.5 suo-motu impleaded vide order dated 29.07.2024]
[R.6 suo-motu impleaded vide order dated 08.08.2024]
PRAYER: Petition filed under Section 407 r/w 482 of
the Criminal Procedure Code to transfer the
investigation in Crime No.7 of 2023 from the file of
the second respondent / District Crime Branch,
Madurai to the third respondent.
For Petitioner : Mr.K.P.Anantha
Krishna
For Respondents : Mr.E.Antony
Sahaya Prabahar
Additional Public
Prosecutor
*****
ORDER
The petitioner, a Pediatrician based in Chennai, has lodged a complaint and the same was registered in Crime No.7 of 2023 on the file of the District Crime 2/202/20 https://www.mhc.tn.gov.in/judis Crl.OP(MD)No.9140 of 2024rl.OP(MD)No.9140 of 2024 Branch, Madurai, as against seven persons, for the offence u/s.406, 420, 506(i) IPC on 16.03.2023. The petitioner has now approached this Court seeking transfer of investigation from District Crime Branch, Madurai to City Crime Branch, Chennai, on the ground that there is no progress in the investigation and that the investigation agency in Madurai is not having the required facilities for conducting an effective investigation.
2.According to the petitioner, she is a well- known Pediatrician in Chennai and she is also doing health care business, in the name of M/s.Vignasiddhi Distributors. The first accused was an employee of M/s.Indipriya Medical Services Pvt. Ltd., where the petitioner is also a Director. Therefore, there was an affiliation between them. Convinced with the functioning of the first accused and believing his words, the petitioner made him as a Partner to M/s.Vignasiddhi Distributors, without making any capital investment. The first accused's job was to trace orders and make deliveries. In the course of 3/203/20 https://www.mhc.tn.gov.in/judis Crl.OP(MD)No.9140 of 2024rl.OP(MD)No.9140 of 2024 business, the first accused introduced his brother- in-law, one Sanahanakrishnan and his relative, one Srinivasan, who are also doing health care business in the name of M/s.Rainbow Bio Medical Instruments and M/s.Rainbow Imports and Exports.
3.The case of the petitioner is that the first accused made her to pay a sum of Rs.50 Lakh to the said persons to procure equipments, without any order in hand and misappropriated the amount. Similarly, in the course of business, the first accused introduced the second accused and cheated huge amount from the petitioner. The petitioner, in total, has paid a sum of Rs.4.5 Crore, through bank transfers in the course of business, as induced by the first accused and the first accused, along with the other accused, have cheated the petitioner. The petitioner realized that by hatching a conspiracy, the accused persons extorted money from her and they have caused wrongful loss to her, while making wrongful gain to themselves. Hence, the complaint. 4/204/20 https://www.mhc.tn.gov.in/judis Crl.OP(MD)No.9140 of 2024rl.OP(MD)No.9140 of 2024
4.Learned Counsel for the petitioner submitted that the third accused, a beneficiary of the crime, has received close to Rs.2.98 Crore from the other accused. The modus operandi adopted is that the first accused receives money from the petitioner and transfers the same to the third accused's bank account. Then, the third accused transfers this money to the second accused's bank account, wherefrom, the money is routed to the bank account of the first accused. The first accused withdraws this money from ATM or through UPI. The second accused transfers the money to LUDO Online game, from where, the money is transferred to her Yes Bank account and then transferred to the first accused's account. In this process, the money has been siphoned by the accused. The second accused is none other than the daughter of the third accused and the main receiver of the money. Some of the accused also have accounts and the money is transferred to those accounts, online. Then the money is routed to another account in a round trip, till it comes to a different account operated by the second accused. The accused nos.1 & 2 are having more 5/205/20 https://www.mhc.tn.gov.in/judis Crl.OP(MD)No.9140 of 2024rl.OP(MD)No.9140 of 2024 than 25 bank accounts. The money has also been invested in Forex Trading, using nearly 25 alias accounts and routed back. An investigation in this regard is required. But, the work in District Crime Branch, Madurai, does not permit investigation to trace the money for want of time and resource. Moreover, Forex Trading goes outside the jurisdiction of the District extensively. The accused have used a very complex modus operandi and therefore, a detailed and dedicated investigation alone will bring out the proceeds of the crime.
5.He further submitted that the Officers at District Crime Branch, Madurai, do not have the resources and the infrastructures required to pursue and follow the transactions made in Forex Trading and in the online gaming portal, Ludo. They do not have an expert, who has knowledge in Forex Trading and in the gaming portal and its procedures. A fair investigation could be done only when competent investigation officers, with adequate infrastructures, are part of the team. The Office at 6/206/20 https://www.mhc.tn.gov.in/judis Crl.OP(MD)No.9140 of 2024rl.OP(MD)No.9140 of 2024 Madurai or in any of the southern districts are not having the adequate infrastructures and experts and therefore, there cannot be a fair investigation. All such facilities and the requisite resources are available only with the Office of the City Crime Branch, Chennai. Therefore, he prays for transferring the case from the file of the District Crime Branch, Madurai to the file of the City Crime Branch, Chennai.
6.Surprised over the submissions made by the petitioner's Counsel that the investigation agency at Madurai is not having adequate infrastructures and that they have to depend on the Office at Chennai, this Court, by order dated 01.07.2024, suo-motu impleaded the Inspector General of Police, South Zone, Madurai and by order dated 29.07.2024, suo-motu impleaded the Additional Director General of Police, Cyber Crime Wing, Chennai, as parties to this petition, to get their response.
7.The Inspector General of Police, South Zone, 7/207/20 https://www.mhc.tn.gov.in/judis Crl.OP(MD)No.9140 of 2024rl.OP(MD)No.9140 of 2024 Madurai, has filed a report as to the facilities available and as to the stage of the investigation. The Inspector of Police, Cyber Crime Police Station, Madurai District, has also filed a report as to the stage of the investigation. From the reports available, it appears that “A significant amount of money is involved in forex trading in this case. Therefore, it is mandatory to analyze the financial transactions of the accused's bank accounts and the transaction statements from the DERIV online forex trading platform. However, the reply from DERIV is still pending. The use of tools other than the CDR analyzer is not required before arresting the accused. The District Crime Branch is receiving assistance from the Cyber Crime Police Station and has access to the CDR analyzer tool.
The team has arrested A1, A2, A3, A4 and A5 and seized electronic devices from A1 and A2. The seized devices have been produced before JM1 Court and received RPR numbers. At this time, we cannot extract image files from the devices. Further investigation requires a report from the forensic science laboratory 8/208/20 https://www.mhc.tn.gov.in/judis Crl.OP(MD)No.9140 of 2024rl.OP(MD)No.9140 of 2024 to determine whether the accused had access to the trading platform through their devices and any applications installed for forex trading and gaming.”
8.The Superintendent of Police, Cyber Crime Division-I, Cyber Crime Wing, Headquarters, Chennai, has filed a report before this Court on behalf of the Additional Director General of Police, Cyber Crime Wing. From the report, the following details can be culled out:-
8.1.In Tamil Nadu, there are a total of 54 notified Cyber Crime Police Stations (CCPS) declared as Police Station and jurisdiction defined based on the G.O.Ms.No.63 of Home (Police-XIV) Department, dated 08.02.2021 functioning under the supervision of Cyber Crime Wing under the control of Additional Director General of Police. Among these, the Madurai District CCPS is located at the District Police Office in Surveyor Colony and the Madurai City Cyber Crime PS is situated near the City Master Police Control Room, Crime Branch, Madurai. These stations are headed by the Additional Superintendent of 9/209/20 https://www.mhc.tn.gov.in/judis Crl.OP(MD)No.9140 of 2024rl.OP(MD)No.9140 of 2024 Police, Cyber Crime, Madurai. Each station comprises of various ranks, including an Inspector of Police, Sub Inspector of Police, Sub Inspector of Police (Technical) and other ranks. In Chennai, there are five Cyber Crime Police Stations, one at the Central Crime Branch and one in each zone of the city.
8.2.These Cyber Crime Police Station deals with crimes like online and social media related crime, online financial fraud, hacking / damage to computer, email phishing, online job fraud, impersonation, online matrimonial fraud, debit / credit card fraud, internet banking related frauds, UPI frauds, etc. These offences occur in cyberspace and are perpetrated by anonymous individuals anywhere from the world.
8.3.The Officers at Cyber Crime Police Stations are specially trained in various cyber-related fields, including Cyber Security and Cyber Strategy Fundamentals, Online Financial Transactions, Advanced Level Training in Cybercrime Digital Forensics, Basic 10/2010/20 https://www.mhc.tn.gov.in/judis Crl.OP(MD)No.9140 of 2024rl.OP(MD)No.9140 of 2024 Cryptocurrency Analysis and Investigations of Social Media cases. Basic and Intermediate Courses on Cyber Crime Investigation and Digital Forensics training has been given to the Cyber Crime Officers in all CCPS at CDTI, Hyderabad and Officers are periodically trained by the Indian Cyber Crime Coordination Centre (I4C) and the Central Detective Training Institute (CDTI) in collaboration with the Cyber Crime Wing Headquarters. This ensures that they stay updated with current technologies and emerging cybercrimes, equipping them to effectively solve cases.
8.4.The Madurai District Crime Branch is directly under the supervision of Superintendent of Police, Madurai District. As the case is registered by DCB, Madurai District, the Cyber Crime Police Station, Madurai District, is not in a position to deny or affirm any statements presented by the petitioner. The infrastructure available with the Chennai Crime Branch is not under the purview of the Cyber Crime Wing of Tamil Nadu. Because, the Central Crime Branch, Chennai functions under the control of 11/2011/20 https://www.mhc.tn.gov.in/judis Crl.OP(MD)No.9140 of 2024rl.OP(MD)No.9140 of 2024 Commissioner of Police, Greater Chennai Police, Chennai City. The Cyber Crime Cell in the Central Crime Branch of the Chennai City Police was established based on G.O.Ms.No.1092, dated 14.11.2002. This unit was created with the necessary basic tool facilities for analyzing Cyber Crimes reported within Chennai city. Additionally, a forensic lab at the Cyber Crime Cell has been established utilizing funds from the Nirbhaya Fund, which is allocated for the Safe City Project aimed at ensuring women's safety in public places which has been approved for eight selected cities., viz., Delhi, Mumbai, Kolkata, Chennai, Bengaluru, Hyderabad, Ahmedabad and Lucknow, by the Government of India. This forensic lab at Central Crime Branch, Chennai, supports all the cases, including conventional crimes, law and order cases, job racketing cases, cyber cases and organized crimes.
9.This Court considered the rival submissions made on either side and also perused the materials placed on record.
12/2012/20 https://www.mhc.tn.gov.in/judis Crl.OP(MD)No.9140 of 2024rl.OP(MD)No.9140 of 2024
10.The petitioner, a victim in Crime No.7 of 2023, has approached the respondent Police with a grievance that she has been cheated to the tune of Rs.4.5 Crore. The case which was registered in the month of March, 2023, is still pending without much progress. The submissions made on either side reveal that some expertise is required in conducting the investigation in this case and according to the petitioner, the investigation agency at Madurai is not well equipped with required infrastructure for an effective investigation in such crimes.
11.From the reports placed before this Court, it appears that three tools have been provided to the District Units in the Southern Region. It also appears that though these tools have been installed, they are yet to be activated. Whereas, on the other hand, ➔ Cyber Forensic Lab, Central Crime Branch – Cyber Crime Cell, Greater Chennai Police, is provided with 20 tools;
13/2013/20 https://www.mhc.tn.gov.in/judis Crl.OP(MD)No.9140 of 2024rl.OP(MD)No.9140 of 2024 ➔ Cyber Crime Lab, Central Crime Branch, Chennai, is provided with 2 tools;
➔ Crime Branch CID, Chennai, is provided with 22 tools;
➔ State Cyber Crime Command Centre, Cyber Crime Wing, Chennai, is provided with 16 tools. The details as to the nature of the tools along with its purpose are also placed before this Court. However, this Court refrains from recording those details in this order, as it would lead to devastation.
12.Yet another detail has also been furnished before this Court as to the number of cases reported in the Southern Zone. Around 25775 cases between 21.04.2021 and 30.06.2024 have been reported in the Southern Zone, on financial frauds, out of which, the respective District Units have registered 1449 FIRs. However, 1311 cases are still under investigation and 47 cases are before the trial Court. So far, conviction has been obtained in only one case. This 14/2014/20 https://www.mhc.tn.gov.in/judis Crl.OP(MD)No.9140 of 2024rl.OP(MD)No.9140 of 2024 Court is not finding fault with the District Cyber Crime Units, inasmuch as they have not been provided with adequate facilities, as that of Chennai. It is not fair to weigh the unequals equally.
13.The concern of this Court is that much importance is given to Chennai alone and the rest of the Districts, particularly, the Southern Districts, are receiving a step-motherly treatment in terms of offering infrastructures and / or projects. This has, in fact, been acknowledged by the Director General of Police that, given the growing threat of cyber crimes, there is an urgent need to establish Cyber Labs in field units, in addition to Chennai City Police. On his initiative, the Government, vide G.O.Ms.No.998, Home (Modern) Department, dated 14.08.2018, has sanctioned a sum of Rs.23.16 Crore and all the Cyber Crime Police Stations in the Districts are now provided with three cyber forensic tools.
15/2015/20 https://www.mhc.tn.gov.in/judis Crl.OP(MD)No.9140 of 2024rl.OP(MD)No.9140 of 2024
14.The victim in the State are still depending upon the State Agencies for redressal of their grievance. Right to have a fair investigation is a fundamental right conferred under Article 21 of the Constitution of India. Fair investigation includes an effective investigation. Without providing adequate facilities, we cannot expect a quality investigation. Considering the requirements, the Cyber Wing and the Forensic Lab at Chennai are provided with n-number of tools. However, not even 1% of the facilities, which are provided at Chennai, are provided to the other Districts.
15.This is very unfortunate and the Government cannot treat one set of people differently from the other. The Government is for all the citizens. In the present scenario, an investigation officer from the South Zone has to depend upon an official at Chennai, for effective assistance in a cyber crime. People in the Southern Districts are also citizens of this State and they are also having a right for an effective investigation in the cases registered and 16/2016/20 https://www.mhc.tn.gov.in/judis Crl.OP(MD)No.9140 of 2024rl.OP(MD)No.9140 of 2024 investigated in the Southern Districts.
16.Admittedly, in this case, the investigation agency at Madurai is keeping the complaint pending without much progress from March, 2023 and from the materials placed, it appears that they are not having the adequate facilities.
17.Therefore, this petition is allowed and the first respondent / Director General of Police [HoPF] is directed to withdraw the case from the file of the District Crime Branch, Madurai and entrust the same with an Officer of the Central Crime Branch - Cyber Crime Cell, Chennai, with a direction to conclude the investigation as expeditiously as possible.
18.Considering the materials placed, this Court suo-motu impleads the Secretary to the Government, Home Department, Government of Tamil Nadu, Chennai as a party to this petition. The Secretary to Government, Home Department and the first respondent / Director General of Police [HoPF] shall 17/2017/20 https://www.mhc.tn.gov.in/judis Crl.OP(MD)No.9140 of 2024rl.OP(MD)No.9140 of 2024 ensure that the investigation agencies at the Southern Districts are also provided with sufficient equipments, on par with Chennai, to conduct an effective investigation. They shall ensure that necessary infrastructures are provided, at least, in the regional levels, so that, every citizen of the State can get remedy on their complaints in an effective manner.
Internet : Yes 08.08.2024 gk To
1.The Director General of Police, Kamarajar Salai, Kailasapuram, Mylapore, Chennai.
2.The Inspector of Police, District Crime Branch, Madurai District.
3.The Inspector of Police, City Crime Branch, 132, EVK Sambath Road, Vepery, Periyamedu, 18/2018/20 https://www.mhc.tn.gov.in/judis Crl.OP(MD)No.9140 of 2024rl.OP(MD)No.9140 of 2024 Chennai.
4.The Inspector General of Police, South Zone, Madurai.
5.The Additional Director General of Police, Cyber Crime Wing, Police Training College, Ashok Nagar, Chennai – 600 083.
6.The Secretary to Government, Home Department, State of Tamil Nadu, Chennai.
B.PUGALENDHI, J.
gk
7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.OP(MD)No.9140 of 2024 19/2019/20 https://www.mhc.tn.gov.in/judis Crl.OP(MD)No.9140 of 2024rl.OP(MD)No.9140 of 2024 08.08.2024 20/2020/20 https://www.mhc.tn.gov.in/judis