The Patna High Court ruled that the Police Officer refused to register FIRs on cyber crime complaints of telecom companies to be proceeded against for contempt of court.
On specific query made by the Court about the registration of F.I.R.s as directed by the Court in its earlier orders with regard to sale and purchase of S.I.M.s by cyber criminals and other documents on forged documents, they submit that the telecom companies are filing F.I.R.s in the jurisdictional police station, but they are facing some difficulties in registration of F.I.R.s. in some police stations as the Officer In-Charge of those police stations are not registering the F.I.R.s.
The single judge bench of Justice Sandeep Kumar made clear that the Officer-in-Charge of the police stations who are not registering F.I.R.s on the complaint of the telecom companies shall be proceeded against for committing contempt of court.
The court noted that earlier it was submitted on behalf of the telecom companies that now they have stopped selling preactivated S.I.M.s. This fact has been disputed by Amicus Manu Tripurari, citing the registration of F.I.R. in Allahabad. In that case, around five hundred pre-activated S.I.M.s were recovered from the accused who was misusing those S.I.M.s and perhaps, it was being used for committing crime. So that telecom companies are to respond on this issue also as to how their S.I.M.s are still reaching the criminals.
The court ordered that the telecom companies shall file supplementary affidavits answering the Circular. They must come with a specific statement as to whether these Circulars are being followed by the telecom companies or not. DoT shall also file its affidavit as to what action has been taken by DoT against the telecom companies for not following the circulars.
Advocate Vishwanath Prasad Sinha, assisted by Advocate Soni Srivastava, has filed an affidavit on behalf of the D.G.P., Bihar and has submitted that the office of the D.G.P., Bihar is taking action pursuant to the direction of the Court. He has further sought a time of three months to fully comply with the order.
The court granted three months time for complying with the order.
Case title: SHIV KUMAR v/s The State of Bihar Bihar and Ors.
Citation: CRIMINAL MISCELLANEOUS No.38807 of 2020