Allahabad High Court
Acl Mobile Limited vs State Of U.P. And 4 Others on 10 February, 2020
Bench: Pankaj Mithal, Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 29 Case :- CRIMINAL MISC. WRIT PETITION No. - 2320 of 2020 Petitioner :- Acl Mobile Limited Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anirudh Upadhyay Counsel for Respondent :- G.A. Hon'ble Pankaj Mithal,J.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri S.K. Mishra, learned counsel for the petitioner and learned A.G.A. for the State.
The petitioner has preferred this petition for the quashing of the First Information Report dated 23.07.2019 registered as Case Crime No.0874 of 2019, under Section 66 Information Technology Act and 420 I.P.C., Police Station- Surajpur, District Gautam Buddha Nagar and at the same time a further prayer has also been made that the investigation pursuant to the aforesaid F.I.R. be referred to the Cyber Cell of the police and the investigation may be completed expeditiously.
We have gone through the contents of the F.I.R. and find that it is in relation to a cyber crime and that petitioner is not specifically mentioned therein. The petitioner is a company that generates OTP and it is alleged that someone from a particular mobile number had asked the informant to disclose the OTP failing which his transaction would not be completed. On the basis of the said disclosure of OTP certain amount had been misappropriated.
The allegations made in the F.I.R. do constitute a cognizable offence and as such it is necessary that the matter be investigated by the appropriate police.
Sri S.K. Mishra, counsel for the petitioner submits that since it is matter relating to a cyber crime it should be referred to the Cyber Cell of the police. The petitioner in this regard has submitted an application dated 23.01.2020 to the Cyber Crime Branch Surajpur, Noida, Uttar Pradesh.
In the facts and circumstances of the case as the petitioner has already submitted an application for referring the matter for investigation to the Cyber Crime, we dispose of the petition with the direction to the respondent no.4 to consider the above application of the petitioner dated 23.01.2020 in accordance with law expeditiously preferably within a period of one month.
Order Date :- 10.2.2020 Radhika