Quick Summary: The court has told the police to stick to the rules in a cyber crime case that involves accusations of cheating and pretending to be someone else. The person involved, Polavarapu Malathi Jyothsna, wants the case against her to be dismissed, but the court insists on following the law.
Polavarapu Malathi Jyothsna, a 64-year-old businesswoman from Hyderabad, is facing accusations under certain sections of the Indian Penal Code and the IT Act, 2008. These accusations are about cheating and pretending to be someone else and could lead to a punishment of less than seven years.
Jyothsna's lawyer, Sri P.N. Arun Kumar, asked the court to dismiss the case against her. The request was filed under a section of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which is a set of rules for safety in India.
"A direction be issued to the Police to follow the procedure prescribed under Section 35 (3) of BNSS."
The lawyer for the state, Sri Jithender Rao Veeramalla, argued that the police should keep investigating. He pointed out that the punishment for the alleged crimes is less than seven years and asked that the police give a notice as required by the rules.
Justice Tirumala Devi Eada looked at the case and decided not to get into the details. Instead, the court told the police to follow the steps outlined in the rules, which were similar to an older set of rules from 1973.
"The concerned Police to follow the procedure laid down under Section 35 (3) of the BNSS and the guidelines formulated by the Hon’ble Supreme Court of India in Arnesh Kumar v. State of Bihar."
Polavarapu Malathi Jyothsna must cooperate with the investigation by giving the needed information and documents. The police have to finish the investigation according to the rules, taking her side of the story into account.
The court has dismissed the criminal petition but stressed that all rules must be followed during the investigation. Any other pending requests related to this case are also closed as part of this decision. Justice Tirumala Devi Eada highlighted the need to follow legal procedures in such situations.
