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High Court of Karnataka · body

2025 DAILYLAW 69992 (KAR)

NEWSPACE RESEARCH AND TECHNOLOGIES PRIVATE LIMITED v. THE STATE OF KARNATAKA

WP/8403/2025 · 2025-04-25

M Nagaprasanna

body2025

Judgment text

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WP NO. 8403/2025 (GM - POLICE) C/w: CRL.P NO. 9546/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU [NEWSPACE RESEARCH AND TECHNOLOGIES PRIVATE LIMITED VS. THE STATE OF KARNATAKA AND OTHERS] 03.12.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER IN WP No.8403/2025 1. This Court had passed an order on 25.04.2025, which was tossed before the Apex Court by the accused therein. The Apex Court did not interfere with the order. Since then, the investigation as it was a cyber crime is being monitored by this Court and this Court has passed slew of orders. The order dated 10.09.2025 is what assumes significance. The order reads as follows: “The following order was passed on 25-04-2025: ORDER “(i) Writ Petition is allowed. (ii) Crime in Crime No.1025 of 2024 shall now be reinvestigated by a Special Investigation Team comprising of: 1. Sri Pranab Mohanty – IPS, Director General of Police, who shall head the Team. 2. Sri Bhushan Gulab Rao Borase – IPS. 3. Smt. Nisha James – IPS - 2 - WP NO. 8403/2025 (GM - POLICE) C/w: CRL.P NO. 9546/2025 (iii) Mandamus issues to the 1st respondent/State Government to forthwith hand over the investigation to the Special Investigation Team aforesaid. (iv) The Investigating Officer shall transmit the entire papers of investigation, if any, conducted to the said Special Investigation Team. (v) The Special Investigation Team so constituted shall submit its report within 3 months, from the date it is constituted, and a copy of the same be placed before this Court thereafter. (vi) Copy of this order shall be furnished to, the Chief Secretary, Government of Karnataka; the Principal Secretary, Department of Home Affairs; the Director General and Inspector General of Police, Government of Karnataka, for the implementation of paragraph No.13 of the order. (vii) The steps taken towards the implementation of the clause (vi) supra, shall from time to time be placed before the Court. (viii) List this matter on 02.07.2025 at 2.30 p.m., for further hearing.” This order gets amended on 02-05-2025 to the following extent: “1. Sri Pranab Mohanty – IPS, Director General of Police, who shall head the Team. 2. Sri Bhushan Gulab Rao Borase – IPS. 3. Sri Sharath M.D. – Superintendent of Police – CID.” A direction was issued to the Government to take steps towards implementation of creation of Cyber Command Centre (‘CCC’ for short) which was thought of at paragraph-13 of the order. Paragraph 13 of the order reads as follows: “13. The State thus must recognize the existential threat and evolve, failing which, justice to those victims will become a mirage. It is again in public domain that the State of Karnataka recognizing the - 3 - WP NO. 8403/2025 (GM - POLICE) C/w: CRL.P NO. 9546/2025 huge problem of cyber crime, has in fact come up with a novel idea of a cyber command centre, to be headed by an officer of the rank of the Director General of Police. If a cyber command centre is established to combat cyber crimes and strengthen cyber security, it would usher a new beginning of tackling the new age crime with new age investigating centres. This is the paradigm shift that is imperative. Such cyber command centres should be made meaningfully functional by appropriate officers manning such cyber command centres. It is only then the State will leap forward to tackle the emergence and growth of cyber crime, failing which, the citizen who has been a victim of cyber crime or cyber frauds will never get justice. Therefore, the State shall endeavour to give life to the cyber command centres or constitute a separate wing to tackle cyber crime like the CCB, which could be a cyber crime investigation bureau. The aforesaid direction has become imperative for the reasons indicated hereinabove. Such Investigating Agency will be a pioneer in the new age crime by a new age investigative branch.” It was directed that the State must recognize the existential threat and evolve, lest justice to those victims would become a mirage, as the nation and States are grappling with the huge problem of cyber crime. The aforesaid order was tossed before the Apex Court and the Apex Court decline to interfere with the order and the observations made in the order. Therefore, the petition is kept pending for issuance of continuing mandamus. 2. The State has now come up with a Government Order, in furtherance of the order passed by this Court quoted supra, to combat cyber crimes and strengthen cyber security. This Court had directed such a measure to be taken to usher in a new beginning to tackle the new age crimes, by establishment of new age investigating centres. The paradigm shift was thought to be imperative. The said order also recommended, to endeavour, to give life to the CCC or constitute it as a separate wing, to tackle cyber crime, akin to the CCB of the yore, which would be the cyber crime investigating bureau 3. The learned Amicus Sri B.N. Jagadeesh has placed on record the developments that have taken place in the State Government, with regard to the steps to be taken towards implementation of directions at paragraph 13 of the order, as - 4 - WP NO. 8403/2025 (GM - POLICE) C/w: CRL.P NO. 9546/2025 noted hereinabove. The learned Amicus has placed on record a Government Order dated 02-09-2025. The Government Order in effect brings in the thought of this Court, in terms of the order quoted supra. The order reads as follows: “ಕಾಟಕ ಸಾರದ ನಡವ ಗಳ ಷಯ: ಾಜದನ ೈಬ ಅಪಾಧ "ೕ$ %ಾ&ೆಗಳನು( )ಾಗೂ +ೆಂಗಳ-ರು ನಗರ "ೕ$ ಕ.ೕಷನೇ/ 0ಾ12ಯನ ೈಬ ಅಪಾಧ "ೕ$ %ಾ&ೆಗಳನು( 3.4., ೈಬ ಕ5ಾಂ6 ಘಟಕದ ಅ8ೕನೆ9 ಒಳಪ3ಸುವ ಕು;ತು. ಓದ>ಾ?@ೆ: (1) ಸಾರದ ಸಾರದ ಸಾರದ ಸಾರದ ಆ@ೇಶ ಆ@ೇಶ ಆ@ೇಶ ಆ@ೇಶ ಸಂCೆ ಸಂCೆ ಸಂCೆ ಸಂCೆ: ºÉZïr 29 1ಓ1 1ಓ1 1ಓ1 1ಓ1 2019, Dಾಂಕ Dಾಂಕ Dಾಂಕ Dಾಂಕ: 16/12/2019. (2) ಸಾರದ ಸಾರದ ಸಾರದ ಸಾರದ ಆ@ೇಶ ಆ@ೇಶ ಆ@ೇಶ ಆ@ೇಶ ಸಂCೆ ಸಂCೆ ಸಂCೆ ಸಂCೆ: ºÉZïr 177 1ಓ1 1ಓ1 1ಓ1 1ಓ1 2024, Dಾಂಕ Dಾಂಕ Dಾಂಕ Dಾಂಕ: 09/04/2025. (3) ಸಾರದ ಸಾರದ ಸಾರದ ಸಾರದ ಆ@ೇಶ ಆ@ೇಶ ಆ@ೇಶ ಆ@ೇಶ ಸಂCೆ ಸಂCೆ ಸಂCೆ ಸಂCೆ: ºÉZïr 177 1ಓ1 1ಓ1 1ಓ1 1ಓ1 2024, Dಾಂಕ Dಾಂಕ Dಾಂಕ Dಾಂಕ: 01/08/2025. (4) ಸಾರದ ಸಾರದ ಸಾರದ ಸಾರದ C¢ü¸ÀÆZÀ£É ಸಂCೆ ಸಂCೆ ಸಂCೆ ಸಂCೆ: ºÉZïr 177 ¦N¦ 2024, ¢£ÁAPÀ: 01/08/2025. ಪEಾ2ವೆ: Fೕ>ೆ ಓದ>ಾದ (1)ರ ಆ@ೇಶದ +ೆಂಗಳ-ರು ನಗರದ 08 CEN "ೕ$ %ಾ&ೆಗಳನು( ಸೃ4ಸ>ಾ?ದುH, ನಂತರದ ಹಂತಹಂತ0ಾ? ಒJಾKೆLಾ? 43 M.ಇ.ಎP. "ೕ$ %ಾ&ೆಗಳನು( ಸೃ4ಸ>ಾ?ರುತ2@ೆ. Fೕ>ೆ ಓದ>ಾದ (2)ರ ಆ@ೇಶದ ಕಾಟಕ ಾಜದ )ೊಸ@ಾ? ೈಬ ಕ5ಾಂ6 ಘಟಕ (Cyber Command Unit)ವನು( ಾQ1M, Mಐ3 Sಾಗದನ 5ಾದಕ ವಸು2 ಮತು2 ೈಬ ಅಪಾಧಗಳ ಘಟಕವನು( ಾಯUವVಸುW2ರುವ ಹು@ೆHಗXೆ-ಂDYೆ Mಐ3Zಂದ +ೇಪ3M ೈಬ ಕ5ಾಂ6 ಘಟಕದ 0ಾ12Yೆ ಒಳಪ3ಸ>ಾ?@ೆ. ೈಬ ಅಪಾಧೆ9 ಸಂಬಂ8Mದಂ[ೆ 43 M.ಇ.ಎP. "ೕ$ %ಾ&ೆಗಳ Fೕಲುಸು20ಾ;ಯನು( - 5 - WP NO. 8403/2025 (GM - POLICE) C/w: CRL.P NO. 9546/2025 ಸಂಬಂಧಪlÖ ವಲಯಗಳನ ೇಂದE ಾQನದರುವ "ೕ$ ಅ8ೕ]ಕ;Yೆ ವVM ಆ@ೇ^ಸ>ಾ?@ೆ. Fೕ>ೆ ಓದ>ಾದ (3)ರ ಆ@ೇಶದ ಾಜದ 43 M.ಇ.ಎP. "ೕ$ %ಾ&ೆಗಳನು( ೈಬ ಅಪಾಧ "ೕ$ %ಾ&ೆಗXೆಂದು (Cyber Crime Police Station) ಮರುಪದಾ.ೕಕ;M, ¸ÀzÀj ¸Éʧgï C¥ÀgÁzsÀ ¥Éưøï oÁuÉUÀ¼À°è PÉêÀ® Information Technology Act-2000 IPC/BNS ಅ3ಯ @ಾಖ>ಾಗುವ ಪEಕರಣಗಳನು( 5ಾತE @ಾಖಸಲು )ಾಗೂ ತUCೆ ೈYೊಳaಲು ಅ8ಾರ Uೕ3 ಆ@ೇ^ಸ>ಾ?@ೆ. Fೕ>ೆ ಓದ>ಾದ (4)ರ ಅ8ಸೂಚೆಯ ೈಬ ಅಪಾಧ "ೕ$ %ಾ&ೆಗಳ 0ಾ12ಯನು( UಗDಪ3ಸ>ಾ?@ೆ. ಪcಸು2ತ Mಐ3 Sಾಗದನ 5ಾದಕ ವಸು2 ಮತು2 ೈಬ ಅಪಾಧಗಳ ಘಟಕವನು( ಎ$.1., ೈಬ ಅಪಾಧ Sಾಗ ಮತು2 ಎ$.1., M.d.ಆ ಹು@ೆHಗXೆ-ಂDYೆ Mಐ3Zಂದ +ೇಪ3M ೈಬ ಕ5ಾಂ6 ಘಟಕದ 0ಾ12Yೆ ಒಳಪ3Mರುವಂ[ೆeೕ M.ಐ.3. Sಾಗದ ಅ8ೕನದ ಾಯUವVಸುW2ರುವ ೈಬ ಅಪಾಧ "ೕ$ %ಾ&ೆ (Cyber Crime Police Station) ªÀÄvÀÄÛ ¸Éʧgï C¥ÀgÁzsÀ ¥ÀæAiÉÆÃUÁ®AiÀĪÀ£ÀÄß (Cyber Crime Laboratory) )ಾಗೂ +ೆಂಗಳ-ರು ನಗರ "ೕ$ ಕ.ೕಷನೇ/ ಅ8ೕನದ ಾಯUವVಸುW2ರುವ ೈಬ ಅಪಾಧ "ೕ$ %ಾ&ೆಯನು( ಸಹ ೈಬ ಕ5ಾಂ6 ಘಟಕದ 0ಾ12Yೆ ಒಳಪ3ಸುವcದು ಸೂಕ20ೆಂದು ಪ;ಗfM ೈಬ ಕ5ಾಂ6 ಘಟಕದ ಾಯ0ಾ12ಯನು( ಈ ೆಳಕಂಡಂ[ೆ UಗDಪ3M ಆ@ೇ^M@ೆ. ¸ÀPÁðgÀzÀ DzÉñÀ ¸ÀASÉå : ºÉZïr 177 ¦N¦ 2024, +ೆಂಗಳ-ರು +ೆಂಗಳ-ರು +ೆಂಗಳ-ರು +ೆಂಗಳ-ರು, Dಾಂಕ Dಾಂಕ Dಾಂಕ Dಾಂಕ: 02/ೆhೆKಂಬ ೆhೆKಂಬ ೆhೆKಂಬ ೆhೆKಂಬ/2025. ಪEಾ2ವೆಯ ವ;Mರುವ ಅಂಶಗಳ Vೆ(>ೆಯ ೈಬ ಕ5ಾಂ6 ಘಟಕವನು( 5ಾಪ3M ಾಯ0ಾ12ಯನು( ಈ ೆಳಕಂಡಂ[ೆ UಗDಪ3M ಆ@ೇ^M@ೆ. (1) Dಾಂಕ: 09-04-2025ರ ಆ@ೇಶದ M.ಐ.3. ಸಂೆQZಂದ 5ಾದಕ ವಸು2 ಮತು2 ೈಬ ಅಪಾಧ ಘಟಕವನು( ಾಯUವVಸುW2ರುವ - 6 - WP NO. 8403/2025 (GM - POLICE) C/w: CRL.P NO. 9546/2025 ಹು@ೆHಗXೆ-ಂDYೆ +ೇಪ3M ೈಬ ಕ5ಾಂ6 ಘಟಕದ 0ಾ12Yೆ ಒಳಪ3ಸ>ಾ?ದುH ಇವcಗಳನ ಎ$.1. (M.M.3) ಮತು2 ಎ$.1. (M.d.ಆ) ಹು@ೆHಗಳನು( ಮತು2 ಅ8ೕನ ಹು@ೆHಗಳನು( 3.4, ೈಬ ಕ5ಾಂ6 ರವರ ಆಡ [ಾತiಕ 0ಾ12Yೆ ಒಳಪ3M@ೆ; (2) 43 ೈಬ ಅಪಾಧ "ೕ$ %ಾ&ೆ, M.ಐ.3. Sಾಗದ ಅ8ೕನದ ಾಯUವVಸುW2ರುವ ೈಬ ಅಪಾಧ "ೕ$ %ಾ&ೆಯನು( )ಾಗೂ +ೆಂಗಳ-ರು ನಗರ "ೕ$ ಕ.ೕಷನೇ/ ಅ8ೕನದ ಾಯUವVಸುW2ರುವ ೈಬ ಅಪಾಧ "ೕ$ %ಾ&ೆಯನು( )ಾಗೂ ಇನು( ಮುಂ@ೆ ಸೃ4ಸಬಹು@ಾದ ೈಬ ಅಪಾಧ "ೕ$ %ಾ&ೆಗಳ 3.4. ೈಬ ಕ5ಾಂ6 ರವ;Yೆ ಾಯವರD 5ಾ3ೊಳaತಕ9ದುH; (3) ಸಂಬಂಧಪಟK ವಲಯಗಳ ೇಂದE ಾQನದರುವ "ೕ$ ಅ8ೕ]ಕರು, ೈಬ ಅಪಾಧ "ೕ$ %ಾ&ೆಗಳ Fೕಲುಸು20ಾ;Yಾ? Link Officer ಆ? ಾಯUವVಸುವcದು. ಈ Fೕಲುಸು20ಾ; Link Officer ಗಳ ೈಬ ಅಪಾಧ "ೕ$ %ಾ&ೆಗ Yೆ ಸಂಬಂ8Mದ ಾಯಗ Yೆ 5ಾತE 3.4, ೈಬ ಕ5ಾಂ6 ರವ;Yೆ ವರD 5ಾಡತಕ9ದುH; (4) Information Technology Act ªÀÄvÀÄÛ Aadhaar Act gÀrAiÀÄ J¯Áè ¥ÀæPÀgÀtUÀ¼À£ÀÄß, )ಾಗೂ ರೂ.50 ಲ] .ೕ;ದ jೕಸ, ವಂಚೆ ಪEಕರಣಗಳನು( ಕkಾlಯ0ಾ? ೈಬ ಅಪಾಧ "ೕ$ %ಾ&ೆಗಳ @ಾಖಲು 5ಾಡತಕ9ದುH. (5) ಎ$.1., ಎ$.M.ಆ.m./1.M.ಡಬೂn ಇವರು ಉಪ ಮುಖ ªÀiÁ»w ¨sÀzÀævÁ¢üPÁjAiÀiÁV (Deputy Chief Information Security Officer) PÀvÀðªÀå ¤ªÀð»¸ÀvÀPÀzÀÄÝ. (6) ಸ)ಾಯಕ ಆಡ [ಾ8ಾ; ಮತು2 "ೕ$ ಅ8ೕ]ಕರು (Mdಆ) ರವರು ಹಣ ೆXೆಯುವ )ಾಗೂ ಬಟ0ಾkೆ ಅ8ಾ;ಗXಾ? (DDO) ಕತವ UವVಸತಕದುH; (7) M.ಐ.3. ಆವರಣದರುವ ೈಬ ಅಪಾಧ ಪEpೕYಾಲಯವನು( (Cyber Crime Laboratory) ೈಬ ಕ5ಾಂ6 ಘಟಕೆ9 ವYಾZಸಲು ಈ ಪEpೕYಾಲಯವc ಇತರ ಘಟಕಗಳ )ಾಗೂ "ೕ$ %ಾ&ೆಗ Yೆ ಸಂಬಂ8Mದ - 7 - WP NO. 8403/2025 (GM - POLICE) C/w: CRL.P NO. 9546/2025 ಾಯವನು( ಮುಂ@ೆಯೂ UವVಸುವcದು. ಇದರ Fೕಲುಸು20ಾ; ಎ$.1. (M.M.3) ರವರು UವVಸತಕ9ದುH; (8) ಎ$.1. (M.d.ಆ) ರವರು ೈಬ ಅಪಾಧಗ Yೆ ಸಂಬಂಧಪಟK "ೕಟqಳ Fೕrsಾರ&ೆ ಮತು2 ೈಬ ಕ5ಾಂ6 Yೆ ಸಂಬಂ8Mದ ಇತೆ ತರ+ೇW ಮತು2 ಆಡ [ಾತiಕ ಾಯಗಳನು( UವVಸತಕ9ದುH. ಕಾಟಕ ಾಜhಾಲರ ಆ@ೇtಾನುಾರ ಮತು2 ಅವರ )ೆಸ;ನ, ¸À»/- 02/09/2025 (ೆ.ಎP.ವನಜ) ಸಾರದ ಅ8ೕನ ಾಯದ^, ಒXಾಡ ತ ಇ>ಾCೆ ("ೕ$ 0ೆಚu.).” The Government Order is in implementation of the earlier Government Order dated 09-04-2025. The said Government Order read as follows: ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 09/K¦æ¯ï/2025. ಪEಾ2ವೆಯ ವ;Mರುವ ಅಂಶಗಳ Vೆ(>ೆಯ ಕಾಟಕ ಾಜದ )ೊಸ@ಾ? ೈಬ ಕ5ಾಂ6 ಘಟಕ (Cyber Command Unit)ವನು( ೆಳಕಂಡಂ[ೆ ಾQ1M ಆ@ೇ^M@ೆ:- 1) Mಐ3 Sಾಗದನ 341, 5ಾದಕ ವಸು2 ಮತು2 ೈಬ ಅಪಾಧ ಹು@ೆHಯನು( +ೇಪ3M, 3.4., ೈಬ ಕ5ಾಂ6 ಎಂದು ಪದಾ.ೕಕ;M, ಸಾರದ ಅಪರ ಮುಖ ಾಯದ^, ಒXಾಡ ತ ಇ>ಾCೆ ಇವರ ಅ8ೕನದ ಾಯUವVಸುವಂ[ೆ ಸೂvM@ೆ. 2) ೈಬ ಕ5ಾಂ6 ಘಟಕವc ಈYಾಗ>ೇ ಅM2ತrದರುವ ಹು@ೆHಗಳ, ಾಯUವVಸುW2ರುವ ಕwೇ; )ಾಗೂ ಮೂಲೌಕಯಗಳನು( ಬಳMೊಂಡು ಾಯUವVಸುವಂ[ೆ ಸೂvM@ೆ. - 8 - WP NO. 8403/2025 (GM - POLICE) C/w: CRL.P NO. 9546/2025 3) Mಐ3 Sಾಗದನ 5ಾದಕ ವಸು2 ಮತು2 ೈಬ ಅಪಾಧಗಳ ಘಟಕವನು( ಾಯUವVಸುW2ರುವ ಹು@ೆHಗXೆ-ಂDYೆ Mಐ3Zಂದ +ೇಪ3M ೈಬ ಕ5ಾಂ6 ಘಟಕದ 0ಾ12Yೆ ಒಳವ3M@ೆ. 4) 43 M.ಇ.ಎP. "ೕ$ %ಾ&ೆಗಳ ೈಬ ಅಪಾಧೆ9 ಸಂಬಂ8Mದಂ[ೆ ೈಬ ಕ5ಾಂ6 ಘಟಕೆ9 ಾಯವರD 5ಾ3ೊಳaವಂ[ೆ ಸೂvM@ೆ. 5) ೈಬ ಅಪಾಧೆ9 ಸಂಬಂ8Mದಂ[ೆ 43 M.ಇ.ಎP. "ೕ$ %ಾ&ೆಗಳ Fೕಲುಸು20ಾ;ಯನು( ಸಂಬಂಧಪಟK ವಲಯಗಳನ ೇಂದE ಾQನದರುವ "ೕ$ ಅ8ೕ]ಕ;Yೆ ವVಸಲು ಕEಮವVಸತಕ9ದುH. 6) 3.4. ೈಬ ಕ5ಾಂ6 ರವರು ಾಜದ ಮುಖ 5ಾVW ಸುರ][ಾ ಅ8ಾ;Lಾ? (Chief Information Security Officer) ಕಾಟಕ ೈಬ ೆಕೂ;d hಾM-2023ರ£Àéಯ ಪEಸು2ತ UವVಸುW2ರುವ 3.4. (1.M.ಡಬೂn.) ಕತವವನು( ಮುಂದುವೆಸತಕ9ದುH. 7) ತಪcy 5ಾVW ಪEಯತ(ಗಳ ಮತು2 ಸ5ಾಜ ೋ8 ಷಯ ತkೆಗಟುKವ ಸಲು0ಾ? ಪEಕರಣಗಳ ಗುರುWಸುೆ ಮತು2 ಸಮನrಯದ ಸಲು0ಾ? ಸಾರದ ಆ@ೇಶ ಸಂCೆ: )ೆvl 45 1ಓ1 2024, Dಾಂಕ: 14/03/2024ರ ರvಸ>ಾ?ರುವ ಬಹು ಇ>ಾCಾ ಸಮನrಯ ಸ.Wಯ (MDCC) ಎ.3.4.1/3.4.1, M.ಐ.3. (ೈಬ ಅಪಾಧ ಮತು2 5ಾದಕ ವಸು2)ರವರ ಬದ>ಾ? 3.4., ೈಬ ಕ5ಾಂಡEವರನು( ೇ.M@ೆ. 8) ತಪcy 5ಾVW ಮತು2 ೈಬ ಅಪಾಧಗಳ ತkೆಗಟುKೆ ಮತು2 Uವಹ&ೆಯ Fೕಲುಸು20ಾ; 5ಾಡಲು ಸಾರದ ಆ@ೇಶ ಸಂCೆ: )ೆvl 45 1ಓ1 2024, Dಾಂಕ: 26/08/2024ರ 5ಾನ ಗೃಹ ಸvವರ ಅಧ][ೆಯ ರvಸ>ಾ?ರುವ tೇಷ ಅ8ಾರಯುಕ2 ಸ.Wಯ (Special Empowered Committee) ಎ.3.4.1/3.4.1, M.ಐ.3. (ೈಬ ಅಪಾಧ ಮತು2 5ಾದಕ ವಸು2) ೈಬ ಕ5ಾಂಡEವರನು( ೇ.M@ೆ. ಕಾಟಕ ಾಜhಾಲರ ಆ@ೇtಾನುಾರ ಮತು2 ಅವರ )ೆಸ;ನ, ¸À»/- 9/4/2025 - 9 - WP NO. 8403/2025 (GM - POLICE) C/w: CRL.P NO. 9546/2025 (PÉ.J£ï.ªÀ£Àd) ಸಾರದ ಅ8ೕನ ಾಯದ^, ಒXಾಡ ತ ಇ>ಾCೆ ("ೕ$ 0ೆಚu).” The said Government Order establishes the CCC, but mere establishment would not be enough. If it remains inert, it would only become a paper implementation, in the face of growing menace of cyber crimes. This CCC should not be a mere edifice of bureaucracy, but a paradigm shift, a beacon heralding a new dawn in the fight against cyber crime. Giving it teeth in its true perspective would be making the CCC emerge as new age antidote, to meet the new age crimes. Therefore, it must be robustly fortified. 4. The Court underscores that the CCC must be insulated from external intrusion. The Officers that are brought under the umbrella of the CCC must serve with continuity and without disruptions of frequent transfers. Only then, CCC would remain stable and transparent. 5. Clauses (1) to (8) of the Government Order dated 02-09-2025 are a welcome, this Court has no reason to believe that the Government Order would only remain on paper. To make it more effective, it is imperative that the officers of the CCC, particularly the person who heads the CCC, the Director General of Police, must not be transferred, except owing to exceptional circumstances, so that the functioning of the CCC should not remain illusory. The head of the CCC and his team working in the CCC must not be overnight de-positioned, without the consultation of the head of the CCC. I make it clear that it is consultation and not information, as any investigation by the CCC underway, should not be thwarted by repeated change of officers of the CCC. 6. The Director General of Police of CCC shall submit his report to this Court through the learned Amicus, showing progress in the investigation of cyber crimes or integration of all information and technology cases to be done under one roof i.e., CCC. It would be the duty of the CCC to ensure transparency in the functioning of the Centre and take steps towards such transparency, including alleged corruptions within the Centre. - 10 - WP NO. 8403/2025 (GM - POLICE) C/w: CRL.P NO. 9546/2025 7. Yet another aspect that is glaring is that the complaints of cyber crimes are reported to 1930 helpline. The helpline 1930, presently the hub against fraud, must be integrated within the framework of the CCC. I say so, as presently, it is in public domain that the 1930 helpline works, in the following manner: Any citizen would call that he has lost ‘X’ amount of money in a cyber fraud. The Officer who receives the call makes a call to the Bank in which the amount is deposited and directs marking of a lien on that account or that amount of the caller and in extreme cases directs freezing of the account and after a few days would de-mark the lien and de-freeze the account. All this happens without a document, as no crime is registered. Therefore, it is necessary for the helpline 1930 and the conversation therein to be recorded as a part of the police/information technology system and if necessary draw up a zero FIR against each of them. It is imperative that 1930 helpline be integrated with the Police IT application that is subsisting and all this to be a part of the CCC. 8. As on today, Cyber CEN Police Stations that are existing have within them far lesser crimes registered concerning offences under the Information and Technology Act than the jurisdictional police stations. The jurisdictional police stations are sometimes ill-equipped to investigate cyber crimes. It is, therefore, the CCC is envisaged. It is necessary that there should be integration of the system of jurisdictional police station and the CCC for every offence i.e., a cyber crime to be brought under the umbrella of the Command Centre. 9. If all of what is aforesaid is not complied, in today’s world, where crimes are faceless, investigations would become baseless. In a faceless regime of criminals operating from anywhere at the click of the mouse, which should be tackled by the Investigating Officers who create an antidote to those mouse clicks from the hands of perpetrators of cyber crimes. Therefore the Officers, particularly the head of the Command Centre, should not be frequently moved out of the Centre, unless warranted at least until a year or two, till the teething problems of the Command Centre or the birth pangs of the establishment does not get obviated, particularly the head of the CCC. The State is expected to make the CCC robust, people-friendly, deft and ironhanded to handle cyber crimes. In that light, steps taken towards the aforesaid observations also be placed before Court on the next date of hearing. 10. It is noticed, in terms of the information so placed by the learned Amicus that, in 2023 the cases concerning IT Act - 11 - WP NO. 8403/2025 (GM - POLICE) C/w: CRL.P NO. 9546/2025 reported in the CEN Police Station were at 15543 and other police stations were 6710. But, if the graph is seen between 2023 to 2025 the other police stations have 22827 cases and the CEN Police station has 31791. This is what would hamper investigation, if they are not brought under one roof, as the cases reported concerning the offences under the IT Act in 2021 were only 8396. In 2025 it has grown to 30000. The statistics testify the burgeoning scourge, where once 8396 cases were counted in 2021, by 2025 the number has swelled into an alarming 30000. The graph has climbed steeply, a chilling reminder of the exponential growth of cyber crime. Thus, the CCC is not an option, but an imperative born of necessity. 11. Insofar as the present case is concerned, the status report is placed before the Court. The investigation is said to be progressing in an appropriate manner. Therefore, the report of investigation once it gets completed be placed before the Court. 12. List the matter on 24-09-2025 at 4.00 p.m. for further hearing.” 2. The order took into account the entire cyber crime scenario and directed that there should be a Cyber Command Center or any nomenclature that would bring every cyber crime under one roof. The Court while passing the said order had recorded that the Government orders were issued to that effect and had also directed that the officers in the Cyber Command Center or in the cyber command unit, whatever the state would call it, should not be disturbed unless extreme administrative exigencies ensue. 3. The learned amicus Sri B N Jagadeesha is therefore directed to place on record as to what has become of the - 12 - WP NO. 8403/2025 (GM - POLICE) C/w: CRL.P NO. 9546/2025 Government order/s quoted supra, in furtherance of the directions issued by this Court or whether the Government orders have just remained on paper without any execution thereafter, by the next date of hearing. 4. The learned counsel for the petitioner and the learned amicus, as also the Special Counsel Sri I. S. Pramod Chandra, have also submitted that insofar as the defreezement of the accounts are concerned with regard to 1930 helpline, the other Courts are also dealing with the said issue. 5. The issue with regard to defreezement of accounts was noted by this Court, at paragraph No.7 in the order quoted supra and therefore, the State was directed to bring in a mechanism of resolving the issue with regard to 1930 helpline. Now the learned counsels submit that 1930 helpline is being dealt with two other Courts, therefore, there could be conflict of orders. The genesis of creation of a Cyber Command Unit was from the subject petition. The Cyber Command Unit becoming a reality or a Government Order to that effect being made, was pursuant to the orders passed by this Court. 1930 helpline issue is also a part of the order passed by this Court and this Court had initially directed compliance to be placed by the State in the - 13 - WP NO. 8403/2025 (GM - POLICE) C/w: CRL.P NO. 9546/2025 subject petition. The Apex Court has not disturbed the findings rendered while passing the order on 25-04-2025. 6. In the light of the genesis of the issue from this petition and to avoid conflict of orders being passed by different Benches with regard to the emergence, sustenance, execution of the Cyber Crime Center or Cyber Command Unit, it would be appropriate that all identical cases be tagged with the subject petition, with the orders of Hon'ble the Chief Justice. 7. Therefore, the Registry is directed to place this matter before Hon'ble the Chief Justice for appropriate orders regarding tagging the Writ Petition Nos.26715/2024 and 27956/2025 with the subject petition for the aforesaid reasons. 8. Insofar as the investigation is concerned, the Head of the Cyber Command Unit has, as on the last occasion, placed the material with regard to investigation that has gone on in the case at hand. The appropriate orders would be passed on the next date on the investigation that is conducted by the Cyber Command Unit or the Cyber Police in the case at hand. 9. List the matter on 05.01.2026 at 2.30 p.m. for further hearing. - 14 - WP NO. 8403/2025 (GM - POLICE) C/w: CRL.P NO. 9546/2025 In Crl.P. No.9546 of 2025 Heard the Learned counsel Shri Angad Kamath appearing for the petitioner. Learned counsel for the respondent seeks time, yet again singing the same swan song that the Senior Counsel is not available today. Therefore, finally list the matter on 05.01.2026 at 2:30 p.m. In the event the counsel would not make his submissions the Court would be constrained to answer the petition on the submissions made by the counsel for the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE RHR & VNP List No.: 19 Sl No.: 1