Patna HC Issues Show Cause Notice To A Police Station Incharge For Failure To Lodge FIR In ₹21 Lakhs Cyber Fraud Case

The Patna High Court recently issued a show-cause notice to the Officer-in-Charge of the Kadamkuan Police Station as to why a contempt proceeding be not initiated against him for his failure to register an F.I.R. in a ₹21 Lakhs fraud case.

The Bench of Justice Sandeep Singh called the action of the Officer-in-Charge of the Kadamkuan Police Station as contemptuous in view of the Court's February 21 order wherein the Court had specifically ordered that the Officer-in-charge of a Police Station cannot deny registering an F.I.R. in such type of matter.

It may be noted that the High Court had, on Feb 23, warned the Bihar Police Officers that in case they refuse to register FIRs in cybercrime cases, then they will have to face contempt of court proceedings.

The Bench had ordered thus after taking note of the submissions made by the Telecom Companies before the Court that they are facing difficulties in registration of F.I.R.s. related to cybercrime in some police stations as the Officer-in-Charge of those police stations are refusing to register the F.I.R.s.

Read more about what the court had said here: [Cyber Crime] Bihar Cops To Face Contempt Of Court Proceedings If They Refuse To Register FIR: Patna High Court

The Court also noted that the 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.

Essentially, the Court issued this order in a case that is currently being dealt with by the Court in an attempt to eradicate the menace of cybercrime. The need to deal with the menace was realized by the Court last year while dealing with an anticipatory bail application of a person operating from Nawada city in Bihar, who was allegedly found in possession of mobile phone numbers contained in 28 pages for the purpose of cheating the general public at large.

On March 4, an interlocutory application on behalf of one Kanchan Jha was filed in the Patna High Court informing that she had lost more than 21 lakhs in cyber fraud by the cyber criminals and she had filed a complaint with the Kadamkuan Police Station, however, no FIR had been lodged by the police.

Issuing the show-cause notice to the police station in charge, the Court also directed the applicant, Ms. Kanchan Jha, to file her complaint to the E.O.U. and serve a copy of the same upon the counsel appearing for the E.O.U.

Further, the E.O.U. was directed to register an F.I.R., proceed with the investigation and file a status report within two weeks. Lastly, the concerned Banks from which the amount had illegally been withdrawn were also directed to file their counter-affidavits by March 10, 2022, and posted the matter for further hearing on March 11, 2022.

Case title - Shiv Kumar v. the State of Bihar

Click Here To Read/Download Order