The Jammu and Kashmir High Court directed the cyber cell police to register an FIR against Facebook India head and other accused persons/entities over a complaint by a resident who had alleged that he was duped of over Rs 20,000 by an online fraudster through an advertisement placed on the popular social networking website last year.
In an order dated February 17, Justice Dhiraj Singh Thakur said the in-charge cyber cell of police would register an FIR and the same would be investigated by the concerned branch dealing with cyber offences.
The high court issued the order while hearing a petition file by a Jammu resident, Vivek Sagar, through his counsel, Advocate Deepak Sharma.
Vivek Sagar had alleged that he was cheated through an advertisement made on Facebook and was duped of an amount of Rs 20,700 by an online fraudster.
Last year, Sagar had moved the court of railway magistrate, Jammu to seek its intervention for registration of an FIR against eight people/entities including Facebook India online service private limited, its country head Ajit Mohan, Bajaj Finance Limited and its managing director Rajiv Jain, and Quadrant Televentures Limited.
He had said that the accused persons/entities had ripped him of his hard-earned money amounting to Rs 20,700, by using internet and SMS communication services, thereby committing the offence under relevant sections of the IPC and IT Act, 2000.
Advocate Deepak Sharma, appearing on behalf of Vivek Sagar, said as the cyber police did not take any action on his client’s complaint, they had approached a local Jammu court under section 156(3) CrPC, seeking direction for registration of FIR against the accused person.
However, “the local court also left it open to the wisdom of the police authorities to decide for the registration of the FIR”, he said.
The order of the local court was challenged by the petitioner in the Jammu and Kashmir High Court which ordered police to file FIR against the accused.
The high court order passed by Justice Dhiraj Singh Thakur said, “On a perusal of the order impugned, it thus appears that there is a contradiction in the order passed by the court below. While on one hand, the learned magistrate appears to be satisfied that cognizable offence seemed to have been committed on the basis of averments made in the complaint, on the other hand, the learned magistrate has forwarded the complaint to be looked into by the crime branch with a further direction to register a case only if some cognizable offences are found to have been committed”.
Disposing of Vivek Sagar’s plea, the court directed the in-charge cyber cell to register an FIR and investigate the matter by the concerned branch dealing with the cyber offences.
(With inputs from PTI)
This content was originally published here.