SupremeToday Landscape Ad
Back
Next
Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content
Listen Article Pause Article
judgment-img

2026 Supreme(Online)(MP) 36845

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
CHAITALI MITTRA (CHAITALI MITTRA – Appellant
Versus
SUPERINTENDENT OF POLICE AND OTHERS – Respondent
WP No. 29570 of 2025



Important Points

Cyber fraud investigations require a specialized, coordinated, and real-time mechanism involving financial institutions, telecom authorities, and inter-state police coordination to overcome procedural delays that allow offenders to conceal identities and dissipate proceeds of crime.

Subject

Criminal Law - Cyber Crime

Headnote

The matter pertains to a writ petition regarding the investigation of cyber fraud. The court interacted with the Superintendent of Police, who highlighted significant delays in procuring information from bank nodal agencies, lack of timely inter-state police cooperation, and the use of 'mule' accounts and encrypted platforms like Telegram by offenders to erase electronic trails. The court found that conventional criminal investigation methods are inadequate for cyber crimes where every second is critical. The primary issue is whether the existing procedural mechanism for investigating cyber fraud is sufficient to ensure prompt detection and recovery. The court reasoned that cyber fraud stands on a different footing from conventional crimes, and unless information gathering, technical analysis, and field investigation are integrated under a dedicated and coordinated framework involving banking, telecom, and intermediary platforms, the object of investigation is likely to be defeated. Accordingly, the court directed the impleadment of the Union of India (Ministry of Home Affairs and Department of Telecommunications), the Reserve Bank of India, and the Director General of Police, Assam, while ordering the personal presence of DGPs from West Bengal, Jharkhand, and Assam on the next date of hearing.

Advocates:
For the Appellants/Petitioners: Kabeer Paul
For the Respondents: Shreyas Dubey, Swapnil Ganguly, Priyanka Mishra, Vijendra Singh

Shri Sampat Upadhyay, Superintendent of Police, Jabalpur along with Shri Bhoopendra Armo, T.I. and Shri Sanjeev Kumar Tripathi - I.O. are present before the Court today.

In compliance with the order dated 29.06.2026, the Superintendent of Police, Jabalpur, along with the Station House Officer, Police Station Gorabazar, and the Investigating Officer, has remained personally present before this Court.

This Court interacted with the Superintendent of Police at length regarding the progress of the investigation and the difficulties being faced in tracing the perpetrators of the cyber fraud in question. The Superintendent of Police submitted that immediately upon receipt of the complaint from the complainant, the matter was forwarded to the Cyber Cell for initiating necessary action. It has been explained that, in cases involving cyber fraud, the Cyber Cell is required to obtain information from the respective nodal agencies of different banks. Since every bank has its own designated nodal agency situated at different locations, considerable time is consumed in procuring the requisite information. According to the Superintendent of Police, ordinarily three to five days are consumed merely in receiving preliminary responses from such nodal agencies.

The Superintendent of Police has further submitted that in several cases, the investigation also requires assistance from police authorities of other States where the suspected transactions or accused persons are located. Though not expressly stated, it is apparent from the submissions made that timely cooperation from police authorities of other States is not always forthcoming, thereby causing further delay in the investigation.

It has also been informed that cyber fraudsters are increasingly operating through so-called "mule" or "null" bank accounts opened in the names of innocent persons and are using encrypted communication platforms such as Telegram for coordinating their activities. For identifying the actual perpetrators, the investigating agency is required to approach the concerned intermediary for obtaining IP logs, subscriber details and other technical information, which again consumes considerable time. Consequently, by the time the necessary information is received from different stakeholders, the accused persons are often able to change their locations, dissipate the proceeds of crime and erase the electronic trail, thereby frustrating the investigation.

Upon consideration of the submissions made and the material placed before this Court, this Court is of the considered opinion that investigation of cyber fraud offences stands on an altogether different footing from conventional criminal investigations. Cyber fraud is a crime where every second is of significance. Prompt reporting by the victim, immediate freezing of accounts by banks, real-time sharing of information by financial institutions, expeditious response by telecom service providers and social media/intermediary platforms, prompt action by investigating agencies and seamless coordination amongst police authorities of different States are all indispensable for an effective investigation. Delay at any stage of the process directly benefits the offenders, who exploit the technological advantages available to them for concealing their identity and siphoning the proceeds of crime beyond the reach of law enforcement agencies.

This Court further finds that the existing mechanism, whereby information is sought through multiple agencies and forwarded from one authority to another before any effective field action is undertaken, results in avoidable delay. Such procedural movement of files and requests enables the perpetrators to remain several steps ahead of the investigating agencies. In cyber crimes, the investigating machinery must necessarily move faster than the offenders. Unless information gathering, technical analysis and field investigation are integrated under a dedicated and coordinated investigative framewor

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top