A Single Bench of Patna High Court comprising Justice Sandeep Kumar through its order issued a warning to the Bihar Police that if they refused to register FIRs in cybercrime cases, then they will have to face contempt of court proceedings.
Background:
This case pertains to the issue of registration of FIR. Earlier this court had issued the order prohibiting the sale and purchase of SIM by cyber Criminals and other documents on forged documents. In the present plea, it was submitted that telecom companies are filing F.I.R.s in the jurisdictional police station, but they are facing some difficulties in registration of F.I.R.s. in some police stations as the Officer-in-Charge of those police stations is not registering the F.I.R.s.
Submissions made:
- It was submitted on behalf of the telecom companies that now they have stopped selling pre-activated S.I.M.s. Mr. Amicus Shri Manu Tripurari disputed this fact by citing the registration of F.I.R. in Allahabad. In that case, around five hundred pre-activated S.I.M.s were recovered from the accused who was misusing those S.I.M.s, and perhaps, it was being used for committing a crime. So that telecom companies are to respond on this issue also as to how their S.I.M.s are still reaching the criminals.
- Mr. Mayank Rukhaiyar, Advocate has filed an interlocutory application on behalf of Smt. Akasha Rai has brought to the notice of this Court that an F.I.R. has been filed with regard to a cybercrime committed between 23.07.2021 to 24.08.2021 which was registered in Beur Police Station on 26th of August, 2021, but no progress in the investigation has been made by the Patna Police.
- It was further submitted that account money has been siphoned off by the cybercriminals and he has informed the Officer-in-Charge of the Rupaspur Police Station on 18.02.2022 but no action has been taken by the Rupaspur Police Station, it has not even registered the F.I.R.till date.
Observation of the Court:
The Court strictly ordered that Officer-in-Charge of the police stations who are not registering F.I.R.s on the complaint of the telecom companies shall be proceeded against for committing contempt of court.
The Bench directed that Advocates for the telecom companies are free to submit the details of those police stations and their Officer-in-Charge who have refused to register their cases.
Taking note of this, the Court observed directed the telecom companies to respond on this issue also as to how their S.I.M.s are still reaching the criminals. Telecom companies were directed to file supplementary affidavits.
At last, the Court asked for an explanation from the Officer-In-charge of Rupaspur Police Station as to why he didn't register the F.I.R. in a case wherein money had been siphoned off by the cybercriminals from the bank account of an Advocate named Tarkeshwar Nath Singh.
It was highlighted that the action of Rupaspur Police Station of not registering the F.I.R., in a violation of the guidelines of the Supreme Court in the case of Lalita Kumari vs. the State of U.P.reported in (2014) 2 SCC 1 and similar guidelines have been issued by this Court recently for registration of the F.I.R. in similar matters.
At last, the Court held that,
"Issue notice to the Officer-In-charge of Rupaspur Police Station as to why F.I.R.s are not being registered by him though there is the direction of the Supreme Court for registration of the F.I.R. and moreover when the cognizable offense is committed and just because of the fact that petty amount is involved, the Police cannot refuse to register the F.I.R. The Officer-in-Charge of the Rupaspur Police Station is p directed to explain the reasons as to why he has not filed the F.I.R. of the crime for which report was submitted to him long back."
The matter is listed to be heard on 7 March 2022.
Case title - Shiv Kumar v. the State of Bihar
Picture Source :
