Patna High Court - Orders
Shiv Kumar vs The State Of Bihar on 4 March, 2022
Author: Sandeep Kumar
Bench: Sandeep Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38807 of 2020
Arising Out of PS. Case No.-163 Year-2020 Thana- WARISLIGANJ District- Nawada
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SHIV KUMAR S/o Late Sanjay Pandit R/o Village- Baghi Chakwae, P.S.-
Warisaliganj, District- Nawada
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The Reserve Bank Of India, Patna Bihar Bihar
3. The Economic Offences Unit (EOU), Bihar Bihar
4. Twitter India
5. Youtube India
6. WhatsApp, LLC India
7. Meta Platforms, Inc. India
8. Google India
9. Department of Telecommunication through Secretary, Govt. of India. India
10. Ministry of Information and Broadcasting through Secretary, Govt. of India.
India
... ... Opposite Parties
======================================================
with
CRIMINAL MISCELLANEOUS No. 22001 of 2021
Arising Out of PS. Case No.-493 Year-2020 Thana- LAHERIMUHALLA District- Nalanda
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Bachan Kumar @ Ram Bachan Kumar Son Of Karu Sao Resident Of Village-
Rasalpur, Police Station- Katrisarai, District- Nalanda
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
with
CRIMINAL MISCELLANEOUS No. 43748 of 2021
Arising Out of PS. Case No.-101 Year-2021 Thana- KASHICHAK District- Nawada
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RINKU SINGH @ DEEPAK KUMAR @ DEEPAK KUMAR RINKU S/o
Late Chotan Singh Resident of Village- Khakhri, P.S.- Town, Police Station-
Kashichak, District- Nawada.
... ... Petitioner
Versus
The State Of Bihar
Patna High Court CR. MISC. No.38807 of 2020(20) dt.04-03-2022
2/5
... ... Opposite Party
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 38807 of 2020)
For the Petitioner : Mr. Pramod Kumar Verma, Advocate
For the Union of India : Dr. K.N. Singh, Addl. Solicitor General
Mr. Manoj Kumar Singh, Advocate
For the R.B.I. : Mr. K.K. Jha, Senior Advocate
Mr. Amit Prakash, Advocate
For the State : Mr. Ajay, G.A.-5
Mr. Shailendra Kumar, APP
Mr. Jharkhandi Upadhyay, APP
For JIO : Mr. Ratnakar Pandey, Advocate
For Airtel and Vodafone : Mr. Rajesh Ranjan, Advocate
For the Intervenor : Mr. Bhaskar Shankar, Advocate
Mrs. Prakritita Sharma, Advocate
Mr. Manu Tripurari, Amicus Curaie
Mr. Santosh Kumar, Amicus Curaie
(In CRIMINAL MISCELLANEOUS No. 22001 of 2021)
For the Petitioner : Mr. Sudish Kumar, Advocate
For the Opposite Party : Mr. Binod Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 43748 of 2021)
For the Petitioner : Mr. Mukesh Kant, Advocate
For the Opposite Party : Mr. Tarkeshwar Nath Thakur, APP
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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
20 04-03-2022These matters have been heard through video conferencing.
Heard Sri Mukul Rohatgi, learned Senior Advocate assisted by Sri Ajit Warrier, Mr. Varun Pathak, Smt. Ekta Sharma and Smt. Sheniza Farid, learned Advocates for respondent no.11-Meta Platforms, Inc., Sri Shashi Anugrah Narain, learned Senior Advocate assisted by Mr. Suresh Prasad Singh, learned counsel for the Punjab National Bank, Sri Amit Shrivastava, learned Senior Advocate, assisted by Sri Girish Pandey, Smt. Mamta Rani, Smt. Shrruttima Ehersa, Sri Rohan Ahuja, Sri Vatsalya Vishal and Smt. Riya Gupta, learned Patna High Court CR. MISC. No.38807 of 2020(20) dt.04-03-2022 3/5 Advocates, for the respondent nos. 8 and 12, Youtube LLC & Google LLC., Sri Samir Ali Khan, learned Advocate for the WhatsAPP LLC, Sri Ajay, G.A.-5 assisted by Sri Shailendra Kumar, Sri Binod Kumar, Sri Tarkeshwar Nath Thakur, learned APPs for the State, Smt. Soni Srivastava, learned counsel for the Economic Offences Unit (for short "EOU") and Sri Manu Tripurari and Santosh Kumar, learned Amicus Curiae.
Matter with regard to Punjab National Bank It has been submitted by Sri S.N. Narain, learned Senior Advocate that response filed by Amicus Curiae has not been served upon them till date.
Mr. Santosh Kumar and Mr. Manu Tripurari, learned Amicus Curiae pray for a few more days' time to finalize their response and file the same after serving a copy thereof on Mr. Suresh Prasad Singh, learned counsel for the Punjab National Bank. They are granted time till 08.03.0222 to serve a copy thereof upon learned counsel for the Punjab National Bank.
This matter of P.N.B. will be taken upon on 11.03.2022 in virtual mode.
Interlocutory Application filed by Ms.Kanchan Jha.
Sri Apurva Kumar, learned Advocate has filed an Patna High Court CR. MISC. No.38807 of 2020(20) dt.04-03-2022 4/5 Interlocutory Application on behalf of Ms. Kanchan Jha, who has lost more than 21 lakhs in cyber fraud by the cyber criminals and she has filed a complaint with the Kadamkuan Police Station but the Kadamkuan Police Station has not registered the F.I.R.
This action of the Officer-in-Charge of the Kadamkuan Police Station is contemptuous and this Court in the order dated 21.02.022 has specifically stated that the Officer-in- Charge of a Police Station cannot deny to register F.I.R. in such type of matter and moreover this action of the Kadamkuan Police Station in not registering the F.I.R. is also violative of the directions of the Apex Court in the case of Lalita Kumari vs. State of U.P. reported in (2014) 2 SCC 1.
The Officer-in-Charge of the Kadamkuan Police Station is directed to file a show cause as to why a contempt proceeding be not initiated against him for not registering the F.I.R. of Ms. Kanchan Jha. The show cause must be filed by 10.03.2022.
Since the matter relates to a huge amount of money and the Economic Offences Unit is well equipped to investigate such kind of crimes, hence the applicant Ms. Kanchan Jha is directed to file her complaint to the E.O.U. by tomorrow and Patna High Court CR. MISC. No.38807 of 2020(20) dt.04-03-2022 5/5 serve a copy of the same upon learned counsel appearing for the E.O.U. The E.O.U. is directed to register an F.I.R., proceed with the investigation and file a status report within two weeks from today.
The concerned Banks from which the amount has illegally been withdrawn are also directed to file their counter affidavits by 10.03.2022.
Put up this matter on 11.03.2022 through virtual mode.
Matter with regard to Telecom Companies The matter will be heard on 11.03.2022 through virtual mode.
(Sandeep Kumar, J) pawan/-
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