Supreme Court refuses to club over 30 cyber fraud cases against two accused, terming cyber crime 'digital dacoity'
- Case
- Gourab Kumar Saha and Nidhi Bhandari v. State
- Bench
- Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana
- Source
- Verdictum
In Gourab Kumar Saha and Nidhi Bhandari v. State, the Supreme Court, comprising CJI Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana, refused to consolidate over 30 cyber fraud cases across 12 states against two accused. The Court termed cyber crime 'digital dacoity' and emphasized that accused convenience cannot override victims' rights or disrupt investigations.
Ratio Decidendi · Legal Principle Established
The right of an accused to seek transfer or consolidation of cases for their convenience cannot override the rights of victims and investigating agencies, especially in cases of organised cyber crime. Consolidating multiple criminal complaints arising from widespread cyber fraud would dilute investigations and inconvenience victims.
Practice & Procedural Impact for Advocates
Advocates representing accused in multi-state cyber fraud cases should anticipate strong judicial resistance to consolidation pleas, particularly when victims are dispersed. Litigants involved in cyber fraud as victims can expect courts to prioritize their convenience and the integrity of investigations over the accused's request for case transfers.
Key Legal Takeaways
- 1The Supreme Court views cyber crime, especially 'digital arrests' and mule accounts, as 'digital dacoity' requiring stringent action.
- 2Consolidation of criminal complaints across multiple states for accused convenience will likely be denied if it prejudices victims or investigations.
- 3The Court prioritizes the rights of victims and the efficiency of investigating agencies over the convenience of accused persons in cyber fraud cases.