The High Court · 2025

Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to order or any direction, writ more appropriately in the nature of Writ of Mandamus declaring action of the respondents more particularly 2nd respondent in not conducting the investigation in FlR.No.1387 of 2025, dated 03.08.2025 for the offences under section 66-C, 66-D, lnformation Technology Act, 2000-2008 and Section 318 (4),319 (2),336 (3),338,340 (2) BNS against Cyber fraud / criminals and also not filing the final report / charge sheet is illegal and unconstitutional besides contrary to the section 175 of Bharatiya Nagarik Suraksha Sanhita consequently direct the respondents to conduct the investigation in FlR.No.1387 of 2025, dated 03.08.2025 for the offences under section 66-C, 66-D, lnformation Technology Act, 2OOO-iOOB and Section 318 (4), 319 (2), 336 (3), 338, 340 (2) BNS against Cyber fraud / criminals and also not filing the final report / charge sheet by following due prccess of law. lA NO: 1 OF 11025 Petitiott under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings, including any recovery, pursuant to the notice issued u/s 148 of the lncome TaxAct, 1961, dated 26.03.2024, bearing DIN and Notice No.. ITBA/AST/S/148_112023- 2411063348048(1). by the 2nd respondent, for the Assessment '(ear 2020 - 21 , pending disposal of the above Writ Petition. Counsel for tlhe Petitioner : SRI MOHAMMED AZHERUDDIN Counsel for tlhe Respondents No 1 &2: AGP FOR HOME The Court made the following: ORDER r- THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT of 2025 ORDER: I{eard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondent Nos.1 and 2. With their consent this writ petition is being taken up for disposal at the admission stage itself. 2- This writ petition has been filed seeking the following prayer:- "lo declare the action of tlu respondents more partiailarry 2,t,t respondent in not conducting tlrc inoestigation bt FIR No.lig7 of 2025, dated 03.08.2025 .for the offences under section 66-C, 66-D, Infonnatiott Teclutology Act, 2000-2008 and section 37g (4), 319(2), 336(3), 338, 340(2) BNs ngninst cyber fraud/cinrinals nnd arso not fling the final report/chnrge sheet is illegal rutd unconstittttional besides contrary to the section 175 of Bharatiya Nagarik Surakslm snnhitn consequently direct tlu respondents to condttct tlrc inuestigttion in FIR No.L387 of 2025, dated 03.08.202s for tlw ofibnces section 66-C, 66-D, Informatiort Teclmology Act, 2000-200g and Section 318 (4), 3L9(2), 336(3), S3g, 340(2) BNS ngninst Cyber frnud/crinrinals nnd nlso file tlu finnl report / charge sheet by foiloriirtg due process of Iaru."

3. llrief facts stated in this writ petition are that on 30.07.2025, petitioner receivec{ a call from phone No.9211977598 and the caller identified herself as shivani verma, working in Bajaf Finance/DBS Bank and thereaftcr, she requested the petitioner's to sharc his card details for issuance of new BDS card.'frusting her, petitioner shared card details and further thc said Shiyani Vcrtna, requestec[ the petitioner to cpen the forwarded link and fill the card cietails. Following the instructions, petitioner opened the link anrl fillecl the card details. L'hereafter, petitioner received messages stating that a total amount of Rs.1,40,0007-has been dclrited from his credit carcl. Realizing t1e 2 same as cyber crime, petitioner lodged a complaint before respondent No.2 and reqtrested to take action against cyber criminals. Thereafter, FIR No.13g7 of 2025 <lated 03.08.2025 was registered for the offences under Section 66-C, 66-D, Irr,-ormation Technology Act, 2000-200g and section 31g (4), 319(2), 336(3),3i18,340(2) of Bharatiya Nagarik Suraksha Sanhita , zo2g (herein after referred as'BNSS'). Trre case of the petitioner is that though the FIR No.13gZ of 2025 w'as registered on 03.08.2025, till date the respondent authorities failed to comp'ete investigation and file charge sheet/final report before the competert Court. Aggrieved by the same, this writ petition is filed.

4. Le.rnetl Assista.t Government pleader for Home appearing for respondetrt Nos'1 and 2 placed on record instructions issued by Inspector of Police, Cyber Crirne Police station, I{yderabad, wherein it is submitted that on petitioner's compraint, FIR No.13g7 of 202s dated 03.0g.2025 was registered under Seciion 66-c,66-D,lnfonnation Technology Act, 2000-200g and section 318 (4),319(2),336(3), 338, 340(2) BNSS. During the course of investigation, notices urLder section 94 and 179 BNSS have been sent to the concerned Whatsapp Noclal officer for user details and IP logs and also to the RBL Credit Card Depetrtment for beneficiary account details. It is further submitted that the a replv was received from the whatsapp Nodal officer, stating that Ip address 49.43.169-20z berongs to Reriance Iio Infocomm Limited and accordinghz, a notice has been sent to Jio lnfocomm Limited, with a request to share the user details for further investigation. with respect to the notice issued to FIBL Credit Card Department for beneficiary account details, it is submitted that the same has not been received yet. / Learned Assistant Government Pleader further submits that the 3

5. |.- investigation is under progress and once the same is completed, appropriate report would be filed before the jurisdictional Court.

6. Having considered the above facts and circumstance and without expressing any opinion on the rnerits of the case, this writ petition is disposed of directing the respondent authorities to complete the pending investigation in FIR No.1387 of 2025 dated 03.08.2025, by following due procedure as contemplated under law and file appropriate report, before the concerned court. 7 with the above directions, this writ petition is disposed of. r"1,:' Miscellaneous applications, if any pending, shall stand closed. No order as to costs. t \ \ To, /,TRUE COPY/' SD/- M.JAWAHAR REDDY ASSISTANT REGISTRAR 6 SECTION OFFICER 1 The Principal Secretary, Home (Police) Department, State of Telangana, Secretariat, Hyderabad.

2. The Station House Officer, Police Station Cyber Crime, Hyderabad. 3. One CC to SRI MOHAMMED AZHERUDDIN Advocate TOPUCI 4. ,.TwoGCs.to GP FOR HOME,High Courtforthe State of Telangana at Hyderabad. [OUT]

5. Two CD Copies

4. D.N PSK f t lt' HIGH COURT TE (r THE S C:(- 2 t Jffi 2u[ * a l ER WP.No.29133 of 2025