1. Writ petition concerning multiple criminal investigations for offences under the Indian Penal Code, Information Technology Act, and state legislation regarding harassment of women. (Para 1 )
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2025 Supreme(SC) 416
SUPREME COURT OF INDIA
SANJIV KHANNA, CJI., SANJAY KUMAR, J.
A. Shankar @ Savukku Shankar – Appellant
Versus
State Of Tamil Nadu & Ors. – Respondents
Writ Petition (Criminal) No. 340 of 2024
Decided On : 24-02-2025
Advocates appeared:
For the Petitioner(s): Mr. Balaji Srinivasan, AOR Mr. K. Gowtham Kumar, Adv. Ms. Harsha Tripathi, Adv. Mr. Balamurugan, Adv. Mr. Ayyaparaj, Adv. Mr. S. Gopalakrishnan, Adv. Mr. A.P. Balaji, Adv. Mr. S. Sabarivasen, Adv.
For the Respondent(s): Mr. Mukul Rohatgi, Sr. Adv. Mr. Sidharth Luthra, Sr. Adv. Mr. Sabarish Subramanian, AOR Mr. Vishnu Unnikrishnan, Adv. Mr. Danish Saifi, Adv.
For the Petitioner(s): Mr. Balaji Srinivasan, AOR Mr. K. Gowtham Kumar, Adv. Ms. Harsha Tripathi, Adv. Mr. Balamurugan, Adv. Mr. Ayyaparaj, Adv. Mr. S. Gopalakrishnan, Adv. Mr. A.P. Balaji, Adv. Mr. S. Sabarivasen, Adv.
For the Respondent(s): Mr. Mukul Rohatgi, Sr. Adv. Mr. Sidharth Luthra, Sr. Adv. Mr. Sabarish Subramanian, AOR Mr. Vishnu Unnikrishnan, Adv. Mr. Danish Saifi, Adv.
Important Points
The court directed the continuation and transfer of investigations related to harassment and cybercrime, emphasizing the need for expeditious proceedings without commenting on the merits of the allegations.
Subject
Criminal Law - Cyber Crime
Act Referred
INDIAN PENAL CODE: S.509
INFORMATION TECHNOLOGY ACT: S.67
TAMIL NADU PROHIBITION OF HARASSMENT OF WOMEN ACT: S.4
INFORMATION TECHNOLOGY ACT: S.67
TAMIL NADU PROHIBITION OF HARASSMENT OF WOMEN ACT: S.4
Headnote
(A) Indian Penal Code, 1860 - Section 509 - Tamil Nadu Prohibition of Harassment of Women Act, 1998 - Section 4 - Information Technology Act, 2000 - Investigation into multiple crimes related to harassment and cybercrime - The court directed the continuation of investigation in Crime No. 123/2024 and the transfer of related investigations to the Cyber Crime Police Station, Coimbatore City. (Paras 1-2)
(B) Writ Petition - The court clarified that it has not commented on the merits of the allegations or the investigation methods. (Para 2)
Facts of the case:
The writ petition was filed concerning ongoing investigations into various crimes related to harassment and cybercrime, with specific reference to Crime No. 123/2024.
Findings of Court:
The court ordered the investigations to proceed expeditiously and clarified the status of related crimes.
Issues: The main issues included the continuation of investigations and the transfer of related cases.
Ratio Decidendi: The court emphasized the need for an expeditious investigation while refraining from commenting on the merits of the allegations.
Result: Writ petition disposed of.
(B) Writ Petition - The court clarified that it has not commented on the merits of the allegations or the investigation methods. (Para 2)
Facts of the case:
The writ petition was filed concerning ongoing investigations into various crimes related to harassment and cybercrime, with specific reference to Crime No. 123/2024.
Findings of Court:
The court ordered the investigations to proceed expeditiously and clarified the status of related crimes.
Issues: The main issues included the continuation of investigations and the transfer of related cases.
Ratio Decidendi: The court emphasized the need for an expeditious investigation while refraining from commenting on the merits of the allegations.
Result: Writ petition disposed of.
Legal Category Hierarchy
Table of Contents
2. The court clarified that directions regarding the transfer of investigations do not constitute a comment on the merits of the allegations or the investigative method. (Para 1 )
3. The court may direct the transfer and consolidation of multiple criminal investigations to a single police station to ensure an expeditious and coordinated investigation. (Para 1 )
4. Investigation in one crime continues, fifteen other crimes are transferred to a single police station, and the petitioner is directed to comply with a previous court order. (Para 1 , 2 )
5. Can the court transfer multiple criminal investigations to a single police station?
Yes, the court can direct that investigations in multiple crimes be transferred to a specific police station and that evidence collected be examined by a single Investigating Officer to ensure the process proceeds expeditiously. (Para 1 )
6. Does a court's order to transfer an investigation imply a finding on the merits of the case?
No, a court may clarify that directions to transfer investigations or consolidate evidence are procedural and do not constitute comments on the merits of the allegations or the manner of investigation. (Para 1 )
7. What is the consequence of breaching a previous court order in a subsequent proceeding?
If a party breaches a previous court order, the respondents or any third party may move an appropriate application before the court for enforcement or remedy. (Para 2 )
ORDER :
1. Having heard the learned counsel for the parties, we dispose of the present writ petition with the following directions:
1. Investigation in Crime No. 123/2024 dated 03.05.2024 registered with the Cyber Crime Police Station, Coimbatore City, Tamil Nadu, for the offence(s) punishable under Section 509 of the Indian Penal Code, 1860, read with Section 4 of the TAMIL NADU PROHIBITION OF HARASSMENT OF WOMEN ACT , 1998, and Section 67 of the Information Technology Act, 2000, shall continue.
2. Investigation done in the following Crimes shall be transferred to the Cyber Crime Police Station, Coimbatore City, Tamil Nadu. The material and evidence collected during the investigation in the aforesaid Crimes will be examined by the Investigating Officer in Crime No. 123/2024.
(i) Crime No. 21/2024 dated 03.05.2024 at PS: CCD-III, Trichy City;
(ii) Crime No. 12/2024 dated 04.05.2024 at PS: Madurai Cyber Crime;
(iii) Crime No. 22/2024 dated 06.05.2024 at PS: Dindugal Cyber Crime;
(iv) Crime No. 22/2024 dated 06.05.2024 at PS: Villupuram Cyber Crime;
(v) Crime No. 15/2024 dated 06.05.2024 at PS: Ranipet CCW;
(vi) Crime No. 25/2024 dated 06.05.2024 at PS: CCD-III, Trichy City;
(vii) Crime No. 03/2024 dated 06.05.2024 at PS: Perambulur Cyber Crime;
(viii) Crime No. 18/2024 dated 06.05.2024 at PS: Sivagangai District Cyber Crime;
(ix) Crime No. 245/2024 dated 06.05.2024 at PS: Selaiyur Police Station, Tambram;
(x) Crime No. 06/2024 dated 06.05.2024 at PS: Salem City Cyber;
(xi) Crime No. 155/2024 dated 07.05.2024 at PS: CCD-I, Chennai;
(xii) Crime No. 02/2024 dated 07.05.2024 at PS: Nagapattinam District Cyber Crime;
(xiii) Crime No. 07/2024 dated 07.05.2024 at PS: Nilagiri District Cyber Crime;
(xiv) Crime No. 13/2024 at PS: Kanniyakumari Dist., AWPS Marthandam; and
(xv) Crime No. 64/2024 at PS: Tirunelveli Cyber Crime.
The investigation shall proceed expeditiously.
It is clarified that we have not commented on the merits of the allegations or the method and manner in which the investigation should be conducted. The chargesheet(s) or the closure reports, as the case may be, shall be filed as per law.
3. It is stated at the Bar that Crime No. 10/2024 dated 16.05.2024 registered with Police Station – Trichy, AWPS Cantonment, Tamil Nadu, does not relate to the incident in question, but to some other incident. Investigation in the said crime/FIR shall continue as per law.
2. The petitioner, A. Shankar @ Savukku Shankar, shall be mindful of the order passed by this Court on 11.11.2022 in Criminal Appeal No. 1845/2022. In case the petitioner, A. Shankar @ Savukku Shankar, commits breach of the said order, it is open to the respondents in the said case or any third party to move an appropriate application before this Court.
3. Recording the aforesaid, the writ petition is disposed of.
4. Pending application(s), if any, shall stand disposed of.
