IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.7076 OF 2016 BETWEEN:
LT. COL. SHOURAV NANDY S/O. PRANAB KUMAR NANDY AGED ABOUT 45 YEARS RESIDING AT NO.B-2, NUTAN ABASHAN DARJEE DARA POST & DIST – JALPAIGURI WEST BENGAL – 735 101 …PETITIONER (BY SRI. SYED KHAMRUDDIN, ADVOCATE) AND:
1 STATE OF KARNATAKA REP. BY HAL POLICE BANGALORE CITY BANGALORE – 560 037 2 MRS. JAYA NANDY W/O. LT. COL. SHOURAV NANDY AGED ABOUT 38 YEARS RESIDING AT F-4, FORTUNA SIRI APARTMENT, SILVER SPRING ROAD, MARATHAHALLI, BEHIND YASHOMATHI HOSPITAL BANGALORE – 560 037 ...RESPONDENTS (BY SRI. NASRULLA KHAN, HCGP FOR R1;
SRI. L. CHANDRASHEKAR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE COMPLAINT AND FIR IN CR. NO.106/2016 PENDING BEFORE THE I, ACMM, BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioner, learned Government Pleader for respondent No.1 and the learned counsel for respondent No.2.
2. The prayer sought for by the petitioner is to quash the FIR in Crime No.106/2016 registered before the HAL Police Station on the ground that by virtue of Notification No.HD 206 POP 2002, dated 21.09.2002, the jurisdiction to investigate into the offences committed under the Information Technology Act, 2000 is conferred on the Superintendent of Police and Deputy Superintendent of Police incharge of Cyber Crime Police Station, Corps of Detective Head Quarters, Carlton House, Palace Road, Bengaluru.
3. It is submitted that in respect of the very same incident, another complaint is filed against the petitioner and therefore it is proper that the instant complaint is also investigated by the Cyber Crime Police Station in terms of the aforesaid Notification.
4. Learned Government Pleader appearing for
proceedings in Crime No.106/2016 to the Cyber Crime Police Station.
5. Accordingly, the petition is disposed of.
The investigation in Crime No.106/2016 pending on the file of the HAL Police Station is transferred to Cyber Crime Police Station, C.O.D. Headquarters, Carlton House, Palace Road, Bengaluru. The Cyber Crime Police shall either register this case independently or shall investigate the same along with the complaint pending in Cyber Crime Police Station in accordance with law.
Sd/- JUDGE AN/-