Sushil Kumar (Advocate) v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1846 of 2024 ====================================================== Sushil Kumar (Advocate) son of Baleshwar Prasad Singh, Resident of Village-Rasisa, P.S.-Ekangar Sarai, District-Nalanda, at present residing at Gardanibagh, Azad Path (Saristabad), P.S.-Gardanibagh, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the chief secretary, Government of Bihar, Patna 2.

The Director General of Police, Government of Bihar, Patna. 3.

The Senior Superintendent of Police, Patna.

4.

That Superintendent of Police (Central) Patna. 5.

The Superintendent of Police, Economical Offence Unit, Bihar, Patna. 6.

The Deputy Superintendent of Police cum S.H.O. of Cyber Police Station, Patna.

7.

The Sub Divisional Police Officer, Secretariat, Patna. 8.

The Officer Incharges/S.H.O. Gardanibagh Police Station, Patna. 9.

The Reserve Bank of India Centralized Receiptand Processing Centre, 4th Floor, Section-17, Chandigarh-1600017.

10.

The Chief Manager cum Lokpal, R.B.I, Patna.

11.

The Circle Manager, State Bank of India Patna Circle, North of Gandhi Maidan, Patna.

12.

The Chief/Branch Manager, State Bank of India, S.B.I. Branch, R-Block, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sushil Kumar (in person) For the State :

Mr. Rajeshwar Singh, GA-10 Mr. Jitendra Kumar, AC to GA-10 For the SBI :

Mr. Prabhat Ranjan, Adv.

For the EOU :

Mr. V.N.P.Sinha, Sr. Adv.

Mr. Soni Shrivastava, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-11-2024 The present writ has been filed seeking the following relief:- "1. That the present application is for issuance of writ in the nature of writ of certiorari for quashing

Patna High Court CWJC No.1846 of 2024(3) dt.11-11-2024 2/3 the rejection order dated 10.10.2023 and rejection order dated 24.11.2023, passed by the Respondents No.12 & 9, as contained in Annexure-P/6 & P/8 respectively, inasmuch as Cyber Financial Fraud has been done on 26.07.2023 and a sum of Rs.56999/- has been debited from the account of the petitioner, bearing Account No. 51024041702, I.F.S.C. CodeSBIN0031501, on 26.07.2023 under S.B.I. Branch, R-Block, Patna between 12:18 P.M. to 13:12 P.M., by the Cyber Criminals, through Mobile No.8101120389 and the said amount has been paid to Reliance Retail vide Reference No.

320713320821, by the Cyber Criminals, after making false call and further be pleased to issue a writ in the nature of writ of mandamus, commanding and directing the concerned respondents to make essential enquiry and take appropriate legal action against all the concerned persons since despite the petitioner having made a complain before the Cyber Police Station, Gardanibagh Police Station, before the concerned S.B.I. Branch as well as before the Reserve Bank of India, the respondents have failed to credit the aforesaid amount of Rs.56999/- in the account of the petitioner."

2.

After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach

Patna High Court CWJC No.1846 of 2024(3) dt.11-11-2024 3/3 the Superintendent of Police, Economical Offence Unit, Bihar, Patna, i.e. the Respondent No. 5, for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

Accordingly, the writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U