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Anie M George v. the State of Kerala

Kerala HC4 Aug 2022WP(Crl.)/278/2022

Case brief

AI extract

What is this about?

The Court directed that the pending investigation into hacking of WhatsApp numbers, registered under Ext.P3 FIR, be transferred to the Cyber Crime Police Station, Malappuram, to ensure effective inquiry by experts.

What did the court decide?

Directed the investigation pending before the 3rd respondent based on Ext.P3 FIR to be transferred to the Cyber Police Station, Malappuram, for effective investigation.

Anie M George Vs the State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2022)

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W.P.Crl.No.278/2022

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 4^TH DAY OF AUGUST 2022 / 13TH SRAVANA, 1944 WP(CRL.) NO. 278 OF 2022

PETITIONER:

ANIE M GEORGE,

AGED 43 YEARS,

W/O.JACOB JOSEPH, MARUTHATHE MANDIRAM HOUSE, AMARAMBALAM P.O.THOTTEKKADDE, NILABUR, MALAPPURAM DIST-679 332.

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BY ADV.A.K.HARIDAS

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, HOME DEPARTMENT, THIRUVANANTHAPURAM-695 001.

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2 SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT, MALAPPURAM-676 505

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3 STATION HOUSE OFFICER, POOKOOTTUMPADAM POLICE STATION, MALAPPURAM DIST-679 332.

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.Crl.No.278/2022

J U D G M E N T

The petitioner has approached this Court seeking the following reliefs:

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“(i) to direct the 2^nd respondent to entrust the investigation of the above crime to a higher ranked officer in the department.

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(ii) to issue such other relief or reliefs which this Hon’ble Court may deems fit and proper to grant in the circumstances of the case.”

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The grievance of the petitioner is that, the petitioner has

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three sim cards in her name and the numbers are as follows: (1) 9747458848 (2) 9961150633 and (3) 8590196152. One of the said numbers is being used by her daughter, aged 12 years. During the month of September, 2021, the petitioner noticed that certain abusive messages were being sent from the aforesaid number through Whatsapp to the teachers and students in the school. The aforesaid messages included certain threatening messages as well. Later, it was realized that the Whatsapp registered with the said number was hacked and the messages were being sent by a 3^rd person. As the sending of messages continued, the petitioner submitted Ext.P1 complaint before the 3^rd respondent. Since there was no proper

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W.P.Crl.No.278/2022

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action on Ext.P1, a further complaint was submitted before the 2^nd respondent, which is Ext.P2. Based on Ext.P2, Ext.P3 FIR was registered. The grievance of the petitioner is that no proper investigation is being conducted based on Ext.P3, and she seeks a direction to entrust the investigation with an officer of high rank in the Department.

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When this writ petition came up for consideration, the learned Government Pleader, upon instructions, submitted that, even though the investigation based on Ext.P3 is ongoing, the proper course is to entrust the investigation with the Cyber Crime Police Station, Malappuram, as they would have necessary infrastructure or expertise to investigate the case of this nature.

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After hearing both sides and perusing the records, I am of the view that the aforesaid submission is to be considered positively. This is mainly because the basic allegation is concerning the hacking of WhatsApp numbers, and it requires investigation by experts in this regard. Since Cyber Police Station is specifically constituted for the investigation of offences of this nature, it is only proper that the said Police Station investigate the matter.

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W.P.Crl.No.278/2022

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In such circumstances, this writ petition is disposed of directing the investigation, which is now pending before the 3^rd respondent, based on Ext.P3 FIR (Crime No.0062/2022 of Pookkottumpadam Police Station), be transferred to Cyber Police Station, Malappuram. In this regard, the 2nd respondent or any other competent officer shall pass appropriate orders for implementing the said direction. It is further directed that the said Police Station shall conduct an effective investigation and submit a final report as expeditiously as possible.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

DG/4.8.22

W.P.Crl.No.278/2022

APPENDIX OF WP(CRL.) 278/2022

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PETITIONER EXHIBITS

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Exhibit P1 THE TRUE COPY OF THE COMPLAINT BEFORE THE 3RD RESPONDENT DATED 24.9.2021 Exhibit P2 THE TRUE COPY OF THE COMPLAINT BEFORE THE 2ND RESPONDENT DATED 20.10.2021 Exhibit P3 THE TRUE COPY OF THE FIR NO 0062/2022 DATED 3.3.2022 OF POOKOOTTUMPADAM POLICE STATION

Anie M George v. the State of Kerala

Case brief

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Anie M George v. the State of Kerala

Case brief

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