2025 INSC 284
SUPREME COURT OF INDIA
(HON’BLE
SANJIV KHANNA, CJI. AND HON’BLE SANJAY KUMAR, JJ.)
A. SHANKAR @ SAVUKKU
SHANKAR
Petitioner
VERSUS
STATE OF TAMIL NADU
Respondent
Writ
Petition (Criminal) No. 340 OF 2024-Decided on 24-02-2025
Criminal
Constitution of India,
Article 32 - Penal Code, 1860, Section 509 - Tamil Nadu Prohibition of
Harassment of Women Act, 1998, Section 4 - Information Technology Act, 2000,
Section 67 –
Transfer of Investigation – Allowed
- Writ petition disposed of with the following directions:
1. Investigation in
Crime No. 123/2024 dated 03.05.2024 registered with the Cyber Crime Police
Station, Coimbatore City, Tamil Nadu, for the offence(s) punishable
under Section 509 of the Indian Penal Code, 1860, read
with Section 4 of the Tamil Nadu Prohibition of Harassment of Women
Act, 1998, and Section 67 of the Information Technology Act, 2000,
shall continue.
2. Investigation done
in the following 15 Crimes shall be transferred to the Cyber Crime Police
Station, Coimbatore City, Tamil Nadu. The material
and aforesaid Crimes will be examined by the Investigating Officer in
Crime No. 123/2024.
Chargesheet(s)
or the closure reports, as the case may be, shall be filed as per law. It is
stated at the Bar that Crime No. 10/2024 dated 16.05.2024 registered with
Police Station – Trichy, AWPS Cantonment, Tamil Nadu, does not relate to the
incident in question, but to some other incident. Investigation in the said
crime/FIR shall continue as per law - The petitioner, shall be mindful of
the order passed by this Court on 11.11.2022 in Criminal Appeal No. 1845/2022 -
In case the petitioner breach of the said order, it is open to the respondents
in the said case or any third party to move an appropriate application before
this Court.
(Para
1 to 4)
ORDER
1.
Having heard the learned counsel for the parties, we dispose of the present
writ petition with the following directions:
1. Investigation in
Crime No. 123/2024 dated 03.05.2024 registered with the Cyber Crime Police
Station, Coimbatore City, Tamil Nadu, for the offence(s) punishable
under Section 509 of the Indian Penal Code, 1860, read
with Section 4 of the Tamil Nadu Prohibition of Harassment of Women
Act, 1998, and Section 67 of the Information Technology Act, 2000,
shall continue.
2. Investigation done
in the following Crimes shall be transferred to the Cyber Crime Police Station,
Coimbatore City, Tamil Nadu. The material
and aforesaid Crimes will be examined by the Investigating Officer in
Crime No. 123/2024.
(i) Crime No. 21/2024
dated 03.05.2024 at PS: CCD-III, Trichy City;
(ii) Crime No. 12/2024
dated 04.05.2024 at PS: Madurai Cyber Crime;
(iii) Crime No.
22/2024 dated 06.05.2024 at PS: Dindugal Cyber Crime;
(iv)
Crime
No. 22/2024 dated 06.05.2024 at PS: Villupuram Cyber Crime;
(v) Crime No. 15/2024
dated 06.05.2024 at PS: Ranipet CCW;
(vi)
Crime
No. 25/2024 dated 06.05.2024 at PS: CCD-III, Trichy City;
(vii) Crime No.
03/2024 dated 06.05.2024 at PS: Perambulur Cyber Crime;
(viii) Crime No.
18/2024 dated 06.05.2024 at PS: Sivagangai District Cyber Crime;
(ix) Crime No.
245/2024 dated 06.05.2024 at PS: Selaiyur Police Station, Tambram;
(x) Crime No. 06/2024
dated 06.05.2024 at PS: Salem City Cyber;
(xi) Crime No.
155/2024 dated 07.05.2024 at PS: CCD-I, Chennai;
(xii) Crime No.
02/2024 dated 07.05.2024 at PS: Nagapattinam District Cyber Crime;
(xiii) Crime No. 07/2024 dated 07.05.2024 at
PS: Nilagiri District Cyber Crime;
(xiv) Crime No.
13/2024 at PS: Kanniyakumari Dist., AWPS Marthandam; and
(xv) Crime No. 64/2024
at PS: Tirunelveli Cyber Crime.
2.
The investigation shall proceed expeditiously. It is clarified that we have not
commented on the merits of the allegations or the method and manner in which
the investigation should be conducted. The chargesheet(s) or the closure
reports, as the case may be, shall be filed as per law.
3.
It is stated at the Bar that Crime No. 10/2024 dated 16.05.2024 registered with
Police Station – Trichy, AWPS Cantonment, Tamil Nadu, does not relate to the
incident in question, but to some other incident. Investigation in the said
crime/FIR shall continue as per law.
4.
The petitioner, A. Shankar @ Savukku Shankar, shall be mindful of the order
passed by this Court on 11.11.2022 in Criminal Appeal No. 1845/2022. In case
the petitioner, A. Shankar @ Savukku Shankar, commits breach of the said order,
it is open to the respondents in the said case or any third party to move an
appropriate application before this Court.
5.
Recording the aforesaid, the writ petition is disposed of.
6.
Pending application(s), if any, shall stand disposed of.
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