Patna High Court - Orders
Shiv Kumar vs The State Of Bihar on 6 April, 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
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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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
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
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
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
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Appearance :
(In CRIMINAL MISCELLANEOUS No. 38807 of 2020)
For the Petitioner : Mr. Pramod Kumar Verma, Advocate
For Union of India : Dr. K.N. Singh, Addl. Solicitor General
Mr. Manoj Kumar Singh, Advocate
For the R.B.I : Mr. K.K. Jha, Sr. Advocate
Mr. Amit Prakash, Advocate
For the State : Mr. Ajay, GA - 5
Mr. Shailendra Kumar, APP
Mr. Jharkhandi Upadhyay, APP
Mr. Manu Tripurari, Amicus Curaie
Mr. Santosh Kumar, Amicus Curaie
For Google LLC : Mr. Amit Shrivastva, Sr. Advocate
Mr. Girish Pandey, Advocate
For WhatsApp : Mr. Samir Ali Khan, Advocate
Patna High Court CR. MISC. No.38807 of 2020(23) dt.06-04-2022
2/7
Mr. Saket Tiwary
(In CRIMINAL MISCELLANEOUS No. 22001 of 2021)
For the Petitioner : Mr. Sudish Kumar, Advocate
For the State : Mr. Binod Kumar, APP
Mr. Madan Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 43748 of 2021)
For the Petitioner : Mr. Mukesh Kant, Advocate
For the State : Mr. Ajay, GA - 5
Mr. Shailendra Kumar, APP
Mr. Jharkhandi Upadhyay, APP
Mr. Tarkeshwar Nath Thakur, APP
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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
23 06-04-2022Heard 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 Advocates, for the respondent nos. 8 and 12, Youtube LLC & Google LLC., Sri P.N. Shahi, learned Senior Advocate assisted by Sri Apurv Harsh, learned advocate for the State Bank of India, Sri Shashi Anugrah Narayan, learned senior counsel assisted by Sri Suresh Prasad Singh, learned counsel for the Punjab National Bank, Sri Ajay, G.A.-5 assisted by Sri Jharkhandi Upadhyay, Sri Shailendra Kumar, Sri Binod Kumar, Sri Tarkeshwar Nath Thakur, learned APPs for the State, Sri Vishwanath Prasad Sinha, learned Senior Advocate assisted by Smt. Soni Srivastava, learned counsel for the Economic Offences Unit (for short "EOU") and Sri Manu Tripurari and Santosh Kumar, learned Amicus Curiae. Patna High Court CR. MISC. No.38807 of 2020(23) dt.06-04-2022 3/7 Matter with regard to Punjab National Bank Heard Sri Shashi Anugrah Narayan, learned senior counsel assisted by Sri Suresh Prasad Singh, learned counsel for the Punjab National Bank.
Put up this matter on 18th of April, 2022 for further hearing.
Matter with regard to Reserve Bank of India Sri Kaushal Kumar Jha, learned senior counsel for the Reserve Bank of India, submits that they have preferred SLP in the Hon'ble Supreme Court against one order of this Court and therefore he submits that he will make submissions after disposal of the aforesaid SLP.
Considered the submissions.
Since Reserve Bank of India has preferred SLP in the Supreme Court of India, it would not be proper to proceed with the RBI matter.
Put up this matter on 9th of May, 2022 for further hearing.
Matter with regard to State Bank of India Sri Atul Kumar Verma is directed to serve a copy of the interlocutory application upon learned Advocate for the EOU. EOU shall act as per details which have come during Patna High Court CR. MISC. No.38807 of 2020(23) dt.06-04-2022 4/7 investigation particularly with regard to the information provided by the applicant in paragraph 21 of the interlocutory application.
Sri P.N. Shahi, learned senior counsel appearing on behalf of the State Bank of India, has submitted that State Bank of India has shared some details of the applicant with Kadam Kuan Police Station and EOU in relation to the matter of Dr. Rajiv Kumar Singh and it is now for the EOU to collect information so that SBI will act further in accordance with the guidelines for return of the amount.
In the case of Sri Manindra Kishore Singh, Sri Vishwanath Prasad Sinha, learned senior counsel assisted by Smt. Soni Srivastava submits that payment gateways like Bharatpe and Paypal are not cooperating with investigation of the case and they have not been able to answer various letters issued to them. The Investigating Officer of the case can exercise all the powers available to him under law for appearance of the payment intermediaries in connection with the present case. These intermediaries must provide information so that the real culprits are caught.
Sri Abhinav Ashok, learned counsel appears for one intervenor Irfan Ali and submits that his client has also been Patna High Court CR. MISC. No.38807 of 2020(23) dt.06-04-2022 5/7 cheated of Rs.14,6500/- and his account was in the Punjab National Bank, Chapra. He is directed to serve a copy of the interlocutory application upon Sri Suresh Prasad Singh, learned counsel on behalf of the Punjab National Bank, who shall file counter affidavit on the next date of hearing.
Sri Sanjay Kumar appears on behalf of the applicant, namely, Raghav Sharan Singh that his client has also been cheated Rs.45,04000/- and FIR has been registered in Rajiv Nagar Police Station but Rajiv Nagar Police Station has not taken any action. He is directed to serve a copy of the interlocutory application upon Sri Ajay, GA 5 who shall take instructions and file counter affidavit about the status of investigation by 18.04.2022.
One interlocutory application has been filed on behalf of the applicant, namely, Dinesh Kumar and a copy thereof has been served upon Sri P.N. Shahi learned senior counsel assisted by Sri Apurv Harsh, learned counsel for the State Bank of India. They will file counter affidavit in the matter on the next appointed day.
Sri Amitabh Ranjan Mishra, learned Advocate will serve a copy of the interlocutory application upon Sri Ajay, GA 5 who shall file counter affidavit on the next appointed day. Patna High Court CR. MISC. No.38807 of 2020(23) dt.06-04-2022 6/7 One Kashi Nath Singh has filed interlocutory application regarding institution of the FIR in Jehanabad Police Station. Sri Ajay, GA 5 will file counter affidavit after seeking instructions from the Superintendent of Police, Jehanabad.
It is expected that in this case further investigation will be done by a person having some knowledge of cyber law.
Sri K. Jha, learned counsel has filed interlocutory application on behalf of N.K. Stock Talk saying that it is their case that the company has been cheated of Rs.30,00,00,000/- because of cyber crime by the criminals and their FIR was not being accepted by the Police.
Sri Vishwanath Prasad Sinha, learned senior counsel for the EOU, will seek instructions when the matter is taken upon within two weeks.
Put up this matter on 25.04.2022 for further hearing. With regard to the cyber crime/fraud which is being committed by using social media platforms of Google LLC and WhatsApp Heard Sri Samir Ali Khan, learned counsel assisted by Sri Saket Tiwary, learned counsel for the WhatsApp and Sri Amit Shrivastava, learned senior counsel assisted by Sri Girish Pandey, learned counsel for the Google LLC. Patna High Court CR. MISC. No.38807 of 2020(23) dt.06-04-2022 7/7 This matter will be heard on 22nd of April, 2022 in virtual mode.
Sri Ajay, GA No.5 appears on behalf of the State in all the cases.
Matter with regard to Telecom Companies like Airtel, Vodafone and Gio Heard Mr. Chittranjan Sinha, learned senior cousnel assisted by Sri Rajesh Ranjan and Sri Ratnakar Pandey appearing for the Airtel, Vodafone and Gio and Sri Harendra Prasad Singh appearing on behalf of the BSNL.
Dr. K.N. Singh, Additional Solicitor General of India assisted by Sri Manoj Kumar Singh appears for the Department of Telecommunication. They will be informing this Court on the next date as to registration of FIR pursuant to the Department of Telecommunication in Bihar and outside Bihar. Sri Harendra Prasad Singh appearing on behalf of the BSNL submits that he has filed counter affidavit on behalf of the BSNL.
Put up this matter on 20.04.2022 for further hearing.
(Sandeep Kumar, J) BT/-
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