The Allahabad High Court has expressed displeasure over the inability to pursue correct lines of investigations in IT related cases and lack of proper training of Investigating Officers in State of Uttar Pradesh. The court has asked that,
“Whether any expert body has been is set up by the U.P. Police? If no, the expert body which furnishes expert opinions on IT related offences to the U.P. Police. The procedure for obtaining such expert opinion.”
The Single Bench of Justice Ajay Bhanot of Allahabad High Court while dealing with a bail application had directed the AGA to file counter affidavit in the matter. The counter affidavit shall also disclose the following facts:
(A) The persons who took the video of the sexual assault.
(B) Whether device on which the incident was recorded has been seized and other details regarding the device.
(C) The originator who circulated the video in the public domain and the manner of its spread.
But these details are not available in the instructions sent to the learned AGA at this stage.
The Court has found that in almost all cases the instructions sent in regard to IT offences are wholly inadequate. It primafacie reflects inability to pursue correct lines of investigations in IT related cases and lack of proper training of Investigating Officers.
The Court while expressing displeasure over the cybercrime cases in State of Uttar Pradesh has stated that,
“IT offences are an emerging menace to the society. They pose a grave danger to the society and the rule of law. The Director General of Police, U.P. shall file an affidavit indicating the steps taken by the Uttar Pradesh Police to upgrade its training and other details to curb this menace. “
The Court has listed the present matter 7th February, 2022 for next hearing.
Case details:
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51280 of 2021
Applicant :- Shabbu
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Nasira Adil,Fakharul Islam Jafri,Sr. Advocate
Counsel for Opposite Party :- G.A.,Deepak Kumar
Judge: Justice Ajay Bhanot
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