Patna High Court - Orders
Rinku Singh @ Deepak Kumar @ Deepak Kumar ... vs The State Of Bihar on 25 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
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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 :
For the Petitioner/s : Mr. Kaushal Kumar Jha, Sr. Advocate
For the E.O.U. : Ms. Soni Srivastava
For the State : Mr. Ajay, G.A.-5 :
Mr. Jharkhandi Upadhyay, APP
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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
27 25-04-2022With regard to E.O.U. Heard Mr. Kaushal Kumar Jha, learned Senior Advocate appears for the applicant of one interlocutory Patna High Court CR. MISC. No.38807 of 2020(27) dt.25-04-2022 2/5 application filed on behalf of the N.K. Stock Talk.
Ms. Soni Srivastava, learned Advocate appearing on behalf of the Economic Offences Unit, submits that the F.I.R. has been registered in Airport police Station. She further submits that they are providing the technical assistance to the Airport police station.
On this issue, Mr. Jha submits that the Airport police station has no technically trained expert to investigate the crime of such a huge magnitude.
Ms. Soni Srivastava is directed to take instruction from the E.O.U. whether pursuant to the guidelines issued by the State Government, they can take over the investigation of the Airport Police Station case No. 192 of 2022.
Ms. Soni Srivastava will inform this Court on the 9 th of May, 2022 about the progress as directed above.
With regard to Income Tax Learned counsel for the Income Tax has filed his report and submitted that Income Tax Department is taking steps in accordance with the Income Tax law against the accused persons. He has also submitted that the Department has sought for information from the various District Magistrates and Superintendents of Police concerned and they will act once the Patna High Court CR. MISC. No.38807 of 2020(27) dt.25-04-2022 3/5 report is received from them.
Let this case be listed for consideration of the report of the Income Tax Department and fuhrer direction on 18 th of May, 2022.
With regard to Axis Bank Re. I.A. No. 04 of 2022 The present anticipatory application has been filed by Shri Kashi Nath Singh who has been cheated by cyber fraud. Jehanabad police station case No. 585 of 2020 was registered by him and Jehanabad police has submitted final form which has been accepted by the Court.
It has been submitted by learned counsel for the petitioner that the case has not been investigated on the angle of cyber fraud and the Jehanabad police has submitted final form without doing proper investigation as they are not trained for investigating a cyber crime.
Considering the same, it is directed that further investigation be done in Jehanabad Police Station Case No. 585 of 2020.
The Cyber Crime and Social Media Unit (CCSMU), Jehanabad District will provide all co-operation in the further investigation of Jehanabad Police Station Case No. 585 of 2020. Patna High Court CR. MISC. No.38807 of 2020(27) dt.25-04-2022 4/5 The Jehanabad Police will submit a report with regard to the further investigation on 9th of May, 2022.
It has been submitted further by the applicant that though the Axis Bank is also a party in the crime, but instead of taking any step, they have started recovery of money from the bank account of the applicant. He submits that he has served a copy of the petition on the Branch Manager, of the Axis Bank, Jehanabad.
Learned counsel will inform the Branch Manager, Axis Bank, Jehanabad about the next date of hearing i.e. 9 th of May, 2022 and on that date, the Branch Manager, Axis Bank, Jehanabad Branch, shall appear either himself or through a lawyer to explain his stand. He shall file an affidavit bringing on record the steps taken by the Axis Bank for investigating this kind of fraud and what steps have been taken by them for stopping this kind of fraud. If details of the account of the applicant have leaked then there must be involvement of some employee of the Bank.
The Superintendent of Police, Jehanabad, is directed to investigate this angle also as to who is selling the data of the customers of the Axis Bank to the cyber frauds undermining the security of the customers and endangering the financial stability. Patna High Court CR. MISC. No.38807 of 2020(27) dt.25-04-2022 5/5 Till the next date of hearing, it is expected that the Axis Bank will not make any further recovery from the account of the applicant.
(Sandeep Kumar, J) Saif/-
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