W.P.Crl.(MD) No.2027 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.Crl.(MD).No.2027 of 2026 R.Ramesh Kumar .... Petitioner Vs. 1. The Superintendent of Police, Dindigul District. 2. The Deputy Superintendent of Police, Dindigul Rural, Dindigul District. 3. The Inspector of Police, Cyber Crime, Dindigul. 4. The Inspector of Police Sanarpatti Police Station, Dindigul. 5. Manikandan ...Respondents Prayer : Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the 2nd respondent to take necessary action based on the petitioner's complaint 20.03.2026 within the period stipulated by this Court. 1/14 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.2027 of 2026 For Petitioner : Mr.P.Manikandan For R1 to R4 : Mr.D.Rajaboopathy, Counsel for State of TN (Crl. side) ORDER Prologue: The instant Writ Petition brings before this Court a grave grievance arising from the darker corridor of digital misuse, where technology, instead of serving human dignity, is alleged to have been weaponised to wound the honour, privacy and mental peace of a woman living abroad and her family residing in India. 2. The petitioner alleges that the photograph of his sister, namely Nithya, who is employed in Singapore as a housekeeper, has been morphed and obscene photographs and videos have been created and circulated through Instagram and other social media accounts. The allegation further proceeds that the private respondents demanded money for deleting the said morphed photographs and videos and, upon refusal, continued to circulate the same. 2/14 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.2027 of 2026 3. In matters of this nature, the Court cannot treat the grievance as a mere private dispute. Online sexual humiliation, morphing, creation of fake profiles, threat of further circulation and demand of money for deletion of such content constitute, if true, a serious intrusion into bodily privacy, decisional dignity, reputation and the constitutional protection of life under Article 21 of the Constitution of India. Case Projected by the Petitioner: 4. The petitioner is the brother of the victim woman. According to him, his family is economically struggling and his sister had gone to Singapore for employment as a housekeeper. It is the specific case of the petitioner that the photographs of his sister were morphed and obscene/nude photographs and videos were created and posted through multiple social media accounts, including an Instagram account allegedly created in the name “Nithya23319”. 5. The petitioner further states that, upon enquiry, he came to know about the involvement of the private respondents. The petitioner and his family members are said to have approached the 3/14 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.2027 of 2026 family of the private respondents and informed them about the alleged illegal acts. Despite the same, the alleged acts continued. 6. It is further alleged that the fifth respondent contacted the petitioner over mobile phone and demanded money for deleting the morphed photographs and videos. The petitioner claims that, when he refused to meet the unlawful demand, the private respondents continued to upload and circulate morphed obscene images and videos of his sister. 7. The petitioner claims to have lodged complaints before the police authorities and the District Collector. His grievance is that no effective action has been taken on his complaint dated 20.03.2026. Hence, the present Writ Petition has been filed seeking a direction to the second respondent to take necessary action. Submissions on either side: 8. The learned counsel appearing for the petitioner would submit that the complaint discloses commission of cognizable 4/14 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.2027 of 2026 offences and, therefore, the police are duty-bound to register a First Information Report and proceed in accordance with law. 9. It is submitted that the allegations attract offences under the Information Technology Act, 2000, particularly Sections 66C, 66D, 66E, 67 and 67A, depending upon the materials collected during enquiry/investigation. 10. It is further submitted that the acts alleged may also attract provisions of the Bharatiya Nyaya Sanhita, 2023, including offences relating to sexual harassment, stalking, insult to the modesty of a woman, criminal intimidation and extortion, subject to the precise materials available. 11. The learned counsel would submit that the victim is outside India and the family is vulnerable. Therefore, immediate action is necessary not only for registration of the case, but also for preservation of digital evidence, freezing of the offending URLs/accounts, securing subscriber details and preventing further circulation of the morphed content. 5/14 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.2027 of 2026 12. It is finally submitted that police inaction in such a case would amount to constitutional indifference and would defeat the very purpose of cyber law enforcement. 13. The learned Government Advocate appearing for the official respondents would submit that the complaint of the petitioner will be considered in accordance with law. It is submitted that the second respondent would verify the complaint, examine the digital materials furnished by the petitioner, ascertain the offending account details, and thereafter take appropriate action in accordance with the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Information Technology Act, 2000. 14. The learned Government Advocate would further submit that, if the complaint discloses commission of any cognizable offence, necessary FIR will be registered and investigation will be proceeded with in accordance with law. 15. Heard the learned counsels on either side and carefully perused the materials available on record. 6/14 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.2027 of 2026 Point for Consideration: 16. The point that arises for consideration is whether the petitioner is entitled to a direction to the second respondent to act upon his complaint dated 20.03.2026 alleging morphing, creation and circulation of obscene images/videos of his sister on social media and demand of money for deleting the same? Analysis: 17. In cyber offences, delay is often fatal to evidence. Digital footprints are fragile. URLs may disappear. Accounts may be deleted. IP logs may be overwritten. Therefore, prompt preservation of digital evidence is not merely procedural; it is substantive justice. 18. The allegations in the complaint cannot be brushed aside as a mere family grievance or social media misunderstanding. The petitioner alleges morphing of his sister’s photograph, creation of obscene content, circulation through Instagram/social media accounts and demand of money for deletion of such content. If the above allegations are true, the matter discloses a serious cyber 7/14 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.2027 of 2026 offence involving violation of privacy, attack on womanly dignity, online sexual exploitation and possible extortion. 19. The victim is stated to be employed in Singapore. Her physical absence from India cannot dilute the duty of the Indian law enforcement agency when the complainant, family members, accused persons, digital access, threat calls or part of the cause of action are alleged to be connected to the territorial jurisdiction of the respondent police. 20. This Court is conscious that, in a petition for mandamus, this Court does not conduct a roving enquiry into the truth or falsity of the complaint. However, when the complaint placed before this Court prima facie discloses serious cognizable offences, the jurisdiction of this Court under Article 226 of the Constitution of India can certainly be exercised to ensure that the statutory authority performs its statutory duty. 21. The grievance of the petitioner is not merely that the police have failed to register a case. The grievance is also that the offending 8/14 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.2027 of 2026 content continues to be available and circulated, thereby causing continuing injury. In such cases, the remedial response must include not only penal action, but also immediate steps for digital evidence preservation and content removal in accordance with law. 22. The police must therefore act with promptitude. The second respondent shall not mechanically close the complaint as a petition enquiry. The complaint shall be examined in the light of the materials furnished by the petitioner, including screenshots, URLs, account names, phone numbers, call records, transaction demands, messages and any other digital evidence. If the complaint and supporting materials disclose commission of any cognizable offence, the second respondent shall register an FIR under the appropriate provisions of law and proceed with investigation. 23. The second respondent shall also take immediate steps to preserve the offending URLs/accounts, obtain relevant subscriber details, IP logs, device details and other electronic records from the concerned intermediaries/service providers in accordance with law. The second respondent shall further take necessary steps, through 9/14 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.2027 of 2026 the competent cyber crime mechanism and in accordance with the Information Technology Act, 2000 and applicable rules, to ensure removal/blocking of the offending morphed obscene images/videos, if such content is found to exist. 24. The dignity of a woman cannot be left at the mercy of a fake profile. A morphed image is not a harmless digital prank. It is a calculated assault on privacy, reputation and emotional security. The law must therefore move with the same speed with which the unlawful content travels. 25. In view of the above discussion, this Writ Petition is disposed of with the following directions: i. The second respondent shall consider the petitioner’s complaint dated 20.03.2026 and conduct an immediate verification of the materials furnished by the petitioner. ii. If the complaint discloses commission of any cognizable offence, the second respondent shall register an FIR forthwith under the appropriate provisions of the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023. 10/14 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.2027 of 2026 iii. The second respondent shall secure from the petitioner all available digital materials, including screenshots, URLs, profile links, account names, phone numbers, call details, messages and any proof of demand of money. iv. The second respondent shall take immediate steps for preservation of electronic evidence, including account details, IP logs, subscriber information and other relevant digital records from the concerned social media/intermediary platforms, in accordance with law. v. If the offending morphed/obscene content is found to be available online, the second respondent shall take necessary steps for removal/blocking of such content through the competent authority and in accordance with law. vi. The second respondent shall ensure that the statement of the petitioner and, if feasible, the statement of the victim through appropriate lawful mode, including video conferencing or consular/official channel if required, is recorded during investigation. 11/14 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.2027 of 2026 vii. The first respondent shall monitor the progress of the action taken by the second respondent, considering the nature of the allegations and the vulnerability of the victim and her family. viii. The above exercise shall be completed as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. ix. It is made clear that this Court has not expressed any opinion on the merits of the allegations against the private respondents and the investigation shall proceed independently, fairly and strictly in accordance with law. 26. With the above directions, this Writ Petition stands disposed of. 08.06.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No Sml 12/14 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.2027 of 2026 To 1. The Superintendent of Police, Dindigul District. 2. The Deputy Superintendent of Police, Dindigul Rural, Dindigul District. 3. The Inspector of Police, Cyber Crime, Dindigul. 4. The Inspector of Police Sanarpatti Police Station, Dindigul. 5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 13/14 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.2027 of 2026 L.VICTORIA GOWRI, J. Sml WP.Crl.(MD)No.2027 of 2026 08.06.2026 14/14 https://www.mhc.tn.gov.in/judis