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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.10736 of 2013
ORDER
This writ petition has been filed seeking the following prayer:- “to declare the action of the respondents in not registering the complaints under the relevant sections of Information Technology Act 2000 causing necessary investigation and taking action under the penal provisions of Information Technology Act 2000 as illegal arbitrary and against the principles of natural apart from being violative of fundamental rights enshrined in the Constitution of India .”
2. Brief facts stated in this writ petition are that the petitioner is the Executive Director in the Centre for Cyber Crime Research and Counseling at the office Door No.7-1-304/2/64, 1st Floor, B.K.Guda, S.R.Nagar, Hyderabad. The petitioner in addition to his profession was an advocate and was doing research work in cyber crime. While doing so, petitioner came across many of cyber crimes being committed for which the victims of such crime have approached petitioner for redressal. In respect of the same, petitioner during the period from January, 2012 to July, 2012 have filed ten cases, the details of the same are extracted hereunder:-
Case No.1:-
a. Date of Submission: 27-12-2011 u/s 85 r/w Sec.43 and 47 (b).
b. Name & Nature : Satyanarayana Murthy Balla of of the Complainant Visakhapatnam regarding unauthorized operation of bank account on five occasions without compromise of password in respect of his account with State Bank of India, Seethammadhar, Visakhapatnam on SB Account No.20007230937 and failure of bank to take an appropriate action and refund the amount of Rs.11,082/-.
Case No.2:-
a. Date of Submission: 11-1-2012 u/s 67.
b. Name & Nature : Vedantham Rama Mohan against of the complaint Maruthi Suzuki India Limited, Nelson Mandela Road, Vasant Kunj, New Delhi-
110070 alleging Identity Theft and sending of e-mail committing cyber fraud by way of promising to secure a job by demanding for payment of Rs.11,200/-
and promising to offer salary in the range of Rs.62,000/- to Rs.2 lakhs plus other benefits by way of playing fraud in the name of the company and sending fraudulent messages and phishing emails.
Case No.3:-
a. Date of Submission: 16-1-2012 u/s 68.
b. Name & Nature : Vedantham Rama Mohan against of the complaint S.G.Choudhary and other in respect of publication or transmission of material in the form of pornographic video which contains sexually exploit You-Tube.Com service users committing grave breach of Sec.67 ot I.T.Act, 2000.
Case No.4:-
a. Date of Submission: 16-1-2012 u/s 67.
b. Name & Nature : Vedantham Rama Mohan against of the complaint Shankar Mirchi in respect of publication or transmission of material in the form of pornographic video which contains sexually exploit You-Tube.Com service users committing grave breach of Sec.67 ot I.T.Act, 2000.
Case No.5:-
a. Date of Submission: 3-2-2012 u/s 66 of I.T.Act,2000. b. Name & Nature : Vedantham Rama Mohan against of the complaint axis-kyc@axisbank.co.in advising the complainant to enter bank account details such as user ID, Transaction Password and Mobile No.
So as to facilitate him to withdrawn Money from the complainant account.
Case No.6:-
a. Date of Submission: 3-2-2012 u/s 66 of I.T.Act,2000.
b. Name & Nature : Vedantham Rama Mohan against of the complaint notify@pnb.in advising the complainant to enter bank account details such as user ID, Transaction Password and Mobile No.
So as to facilitate him to withdrawn Money from the complainant account.
Case No.7:-
a. Date of Submission: 3-2-2012 u/s 66 of I.T.Act,2000. b. Name & Nature : Kancherla Harinin of Vijayawada of the complaint against K.Srinivas Raghava, Resarch Scholar, KL University, Vaddeswaram.
Guntur by way of uploading the Photographs and personal details of the Complainant and making phone calls to the complainant for meeting personally for meeting anatomical needs of the respondent and the S.H.O.
Satyanarayanapuram P.S. did not take any action against the accused resulting in reporting the case to the Cyber Appellate Tribunal.
Case No.8:-
a. Date of Subm