Court Dismisses Petition to Quash FIR, Emphasizes Investigation for Alleged Rs. 8.73 Lakh Fraud
In a significant ruling, the Jammu & Kashmir and Ladakh High Court, Srinagar bench, has dismissed a petition seeking to quash an FIR against Yavnika Alias Anshu, accused of involvement in a SIM card swapping and fraudulent transaction case. The court, presided over by Justice Sanjay Dhar, emphasized that allegations disclosing cognizable offences warrant thorough investigation and cannot be quashed at an early stage without exceptional grounds.
The case revolves around an FIR registered under Bharatiya Nyaya Sanhita, 2023 (BNS), and the Information Technology Act, following complaints from a victim's father, Ritwik Gupta. The victim, during a trekking trip in Jammu & Kashmir, allegedly fell prey to a fraud orchestrated by the petitioner and her associates. The victim's SIM card was reportedly swapped, leading to unauthorized transactions amounting to Rs. 8,73,661.50 from his bank accounts between August 27 and September 2, 2024.
Justice Dhar outlined that the allegations in the FIR, including the fraudulent acquisition of credit and debit cards and the misuse of the victim's identity, disclose the commission of cognizable offences. He clarified that it is the statutory duty of the investigating agency to probe such allegations, and the court cannot conduct a "mini-trial" to assess the veracity of the claims at this stage.
The petitioner's counsel, Mr. Hazim Qureshi, contended that the FIR was based on a fabricated story and contradictory allegations, which purportedly did not disclose any offence. However, the court found no merit in these arguments, concluding that the contents of the FIR clearly necessitated an investigation by the authorities.
The judgment reinforces the principle that courts should refrain from interfering in investigative processes unless there are exceptional circumstances. This ruling underscores the importance of allowing law enforcement to fulfill their duties in cases involving financial and cybercrimes, which have seen a significant rise with increasing digital transactions.
The court's decision not only upholds the FIR but also sends a strong message about the judiciary's stance on ensuring accountability and justice in the face of technologically sophisticated crimes.
Bottom line:-
FIR cannot be quashed if the allegations disclose the commission of cognizable offences. The veracity of the allegations is to be determined during investigation, and courts should not intervene in the investigative process unless exceptional grounds exist.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Section 528, Information Technology Act
