Aswin Rathod v. The Director General Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.30515 of 2019 Aswin Rathod ... Petitioner Vs.

1. The Director General of Police, Tamil Nadu, Chennai.

2. The Superintendent of Police, District Crime Branch, Kancheepuram.

3. The Commissioner of Police, Greater Chennai.

4. The Assistant Commissioner of Police, Cyber Crime, Greater Chennai.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation of Crime No.25 of 2018 now pending on this file of the Superintendent of Police, DCB, Kancheepuram and transfer to the 4th respondent police and investigate the same in accordance with law.

For Petitioner : Mr.R.Vijayakumar For Respondents: Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

This petition has been filed to transfer the investigation of Crime No.25 of 2018 now pending on the file of the Superintendent of Police, DCB, Kancheepuram to the 4th respondent police and investigate the same in accordance with law. 2.By consent of both sides, this criminal original petition is taken up for final disposal. The averments in the complaint reveals that the petitioner has alleged some foul play by some

of the staff of their Company for having stolen data and information and unique design for the gaskets, which the petitioner has developed and also for misappropriating the funds. Among other offences, FIR has been registered on 21.06.2018 for an offences under Sections 65, 66, and 72 of the Information Technology Act, 2000 also.

3.Though the FIR has been registered on 21.06.2018, it is alleged that there is no sufficient progress in the investigation. The averments in the complaint also reveals that there are many technical issues relating to Information Technology and it is stated that the present Investigation Officer and his team do not have sufficient technical experts. In this background, it would be appropriate to have the matter transferred to the Cyber Crime.

4.In the light of the above observations, there shall be a direction to the 2nd respondent herein to forthwith transfer the investigation of Crime No.25 of 2018 to the file of the 4th respondent herein, at least within a period of two weeks from the date of receipt of copy of this order.

5.Accordingly, this criminal original petition is disposed of.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar ssr/jas To

1. The Director General of Police, Tamil Nadu, Chennai.

2. The Superintendent of Police, District Crime Branch, Kancheepuram.

3. The Commissioner of Police, Greater Chennai.

4. The Assistant Commissioner of Police, Cyber Crime, Greater Chennai.

5. The Public Prosecutor, High Court of Madras.

+1 CC to M/s.R. Vijaya Kumar, Advocate sr 94349. Crl.O.P.No.30515 of 2019 KJ(CO) SP(05/12/2019)