Page No. 1/7 GAHC010021872021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/875/2021 PARESH CHANDRA DEKA S/O LATE ADITYA DEKA, R/O VILL. MURARE, P.O. AND P.S. RANGIA, DIST. KAMRUP, ASSAM, PIN 781354 VERSUS THE STATE OF ASSAM AND 10 ORS THROUGH THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, HOME AND POLITICAL AFFAIRS DEPT., DISPUR, GUWAHATI 6 2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI 781007 3:THE SUPERINTENDENT OF POLICE KAMRUP AMINGAON GUWAHATI 781031 4:THE OFFICER IN CHARGE RANGIA POLICE STATION P.O. AND P.S. RANGIA DIST. KAMRUP ASSAM PIN 781354 5:THE RESERVE BANK OF INDIA REPRESENTED BY ITS REGIONAL DIRECTOR STATION ROAD GUWAHATI 781001 ASSAM. 6:THE STATE BANK OF INDIA Page No. 2/7 REPRESENTED BY ITS CHAIRMAN BANK BHAWAN MADAM CAMA ROAD MUMBAI 400021 7:THE REGIONAL MANAGER NORTH EAST REGION STATE BANK OF INDIA DISPUR GUWAHATI 781006 8:THE ASSTT. GENERAL MANAGER (CCC) STATE BANK OF INDIA LOCAL HEAD OFFICE DISPUR GUWAHATI 781006 9:THE BRANCH MANAGER STATE BANK OF INDIA RANGIA BRANCH P.O. AND P.S. RANGIA DIST. KAMRUP ASSAM PIN 781354 10:THE BHARATI AIRTEL REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER GURGAON CITY (DELHI AND NCR) UNITECH WORLD CYBER PARK SECTOR 39 TOWER A 4TH FLOOR GURGAON 122001 HARAYANA (DELHI AND NCR) 11:THE BHARATI AIRTEL NE CORPORATE OFFICE BHARTI HOUSE G.S. ROAD SIX MILE KHANAPARA JAYA NAGAR GUWAHATI 781022 ASSAM. 12:THE SECRETARY GOVERNMENT OF INDIA DEPARTMENT OF TELECOMMUNICATION MINISTRY OF COMMUNICATIONS Page No. 3/7 12TH FLOOR SANCHAR BHAWAN 20 ASHOKA ROAD NEW DELHI 110001 Advocate for the Petitioner : MR R DHAR, MR. Y S MANNAN,MR. C K NATH,MR. R MAJUMDAR Advocate for the Respondent : GA, ASSAM, MR. H S BORAH(R-5),MR. P HAZARIKA(R-5),MR. INDRAJIT BHUYAN (R-10, 11),MR. I DAS (R-10, 11),MR K TALUKDAR (R-10, 11),MR. D DAS SR. ADV (R-10, 11),MR. C K S BARUAH,MS E NATH(R-10, 11),MR. C CHAKRAVARTY (R-10, 11),MR. S SARMA(R-10, 11),MR. JYOTIRMOY ROY(R-10, 11),MR. S Ali,MR K DAS BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 17.02.2025 Heard Mr. Y.S. Mannan, learned counsel for the petitioner; Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for the respondent nos. 1 – 4; Mr. P. Hazarika, learned counsel for the respondent no. 5; Mr. K. Das, learned counsel for the respondent nos. 6 – 9; Mr. D. Das, learned Senior Counsel assisted by Mr. I. Das, learned counsel for the respondent nos. 10 & 11; and Mr. C.K.S. Baruah, learned Central Government Counsel [CGC] for the respondent no. 12. 2. The petitioner, a senior citizen and a pensioner, had approached this Court by the instant writ petition with a grievance that an amount of Rs. 8,95,040/- was fraudulently withdrawn / transferred from his Bank Account no. 10958225308 maintained at Rangia Branch of the respondent State Bank of India [SBI]. 3. With the said grievance, the petition had preferred this writ petition with the following prayers :- Page No. 4/7 [i] Directing/commanding the respondent authorities to immediately entrust the investigation of the case to an independent and impartial investigating Agency preferably State CID or by CBI. [ii] Directing the State Respondents to immediately recover the amount of Rs. 8,95,040/- fraudulently transferred from the bank Account no. 10958225308, SBI Rangia Branch and make payment of the same to the petitioner and to immediately freeze the accounts to which the money was fraudulently transferred as shown in the bank statements dated 12.10.2020 and/or [iii] Directing the respondent Bank to immediately compensate the petitioner by making payment of the above amount of Rs. 8,95,040/- along with adequate interest. [iv] Directing the service provider Respondent no. 10 and 11 to adequately compensate the petitioner for commitment of aforesaid fraudulent/disputed transactions online through their Service. [v] To grant any other relief[s] to which the petitioner is entitled. 4. The pleadings were exchanged between the parties during the pendency of the writ petition. After taking cognizance of the facts and circumstances of case, the Court had passed an Order on 28.05.2024 directing inter-alia to the respondent nos. 6 – 9, that is, the respondent SBI authorities to credit the amount, allegedly defrauded, after making necessary corrections to the account of the petitioner within a period of 10 [ten] days from the date of submission of a certified copy of the said Order to the Chief Manager, State Bank of India, Rangia. 5. It is submitted by the learned counsel for the parties that challenging that part of the Order dated 28.05.2024, whereby, the respondents SBI authorities were directed to credit the amount involved, the respondent SBI authorities preferred an intra-court appeal, Writ Appeal no. 204/2024. After hearing the learned counsel for the parties, the Division Bench disposed of the intra-court appeal, Writ Appeal no. 204/2024 by an Order dated 16.12.2024 by interfering with the said direction made in the writ petition on 28.04.2024, whereby, the responding SBI authorities were directed to credit the amount in the Bank Account of the petitioner. 6. In connection with the incident of alleged fraudulent withdrawal/transfer of the amount from his Bank Account, the petitioner also lodged a First Information Report [FIR] before the Page No. 5/7 Officer In-Charge, Rangia Police Station and on the basis of the said FIR, a crime case, Rangia Police Station Case no. 944/2020 for the offences under Sections 420/479, Indian Penal Code [IPC] was initially registered and Sections 120B//419/468/471, IPC and Section 66C and Section 66D of the Information Technology Act, 2000 were added later on. 7. During the course of pendency of the writ petition, the Court had observed that the investigation carried out in respect of Rangia Police Station Case no. 944/2000 had revealed cyber crime activities and had reached a prima facie opinion that the same would require assistance of technical experts, who are well aware of the manners cyber crimes are committed. Taking such a view, the Court on 28.05.2024 had also directed the Special Superintendent of Police, CID, Cyber Crime to take up further investigation of the case, Rangia Police Station no. 944/2020 and to submit a report before the Court. 8. When no status report was submitted on behalf of the CID despite such direction, the Court, by Order dated 30.09.2024, posted the matter on 05.11.2024 by directing presence of the Senior Superintendent of Police, CID, Cyber Crime before the Court through video conference mode. On 05.11.2024, the Senior Superintendent of Police, CID, Cyber Crime appeared before the Court through video conference and apprised the Court regarding the status of the further investigation, directed to be carried out by the Court vide its Order dated 28.05.2024. It was apprised by the Senior Superintendent of Police, CID, Cyber Crime that a better picture as regards the commission of crime would emerge within a period of one month thereafter. 9. Today, Mr. Sarma, learned Additional Senior Government Advocate, Assam has submitted a status report of the further investigation carried out by the CID, Assam, submitted by the Superintendent of Police, CID, Cyber Crime vide a Communication bearing Memo no. CID/CELL-XIV/Cyber/162/2024/7023 dated 16.12.2024. The copy of the said Communication dated 16.12.2024 is kept with the case records by marking it as Document-‘X’. As per the said status report, some more investigation was required to be carried out. Page No. 6/7 10. It further transpires that in the meantime, the respondent no. 12 initiated a process of enquiry in deference to the observation made in Paragraph 15 of the Order dated 28.05.2024 by issuing a show cause notice to the respondent no. 10 on 29.08.2024. Mr. Baruah, learned CGC has submitted that he is not aware as to whether the said process has been brought to any conclusion or not, as on date. On the other hand, Mr. Das, learned Senior Counsel for the respondent nos. 10 & 11 has submitted that the said enquiry so initiated, has since been concluded, in the meantime. Not commenting on the process of enquiry initiated by the show cause notice dated 29.08.2024, this Court likes to observe that such a process of enquiry should be brought to its logical conclusion, as expeditiously as possible, if not concluded till date. 11. When the writ petition was posted on 24.01.2025, the learned counsel for the parties, more particularly, the learned counsel for the petitioner and the learned counsel for the respondent nos. 10 & 11 have submitted that efforts were being made to settle the matter outside the Court. In view such submission, the case was ordered to be listed today. 12. Today, Mr. Mannan, learned counsel for the petitioner and Mr. Das, learned Senior Counsel appearing for the respondent nos. 10 & 11 have submitted that the matter has been amicably settled between the petitioner and the respondent nos. 10 and 11. Mr. Mannan has submitted that in so far as the grievance of the petitioner with regard to prayer no. [iv] made in the petition is concerned, the said grievance has been mitigated in view of the amicable settlement arrived between the petitioner and the respondent nos. 10 & 11. He has further submitted that in view of such development, the petitioner being a pensioner and senior citizen, is no longer interested to pursue this writ petition, without causing any prejudice to the investigation, which is being carried out in connection with Rangia Police Station Case no. 944/2020 and the enquiry initiated by the respondent no. 12. 13. In view of the above submissions made that the petitioner is not interested to pursue this petition in view of the amicable settlement already arrived at, as indicated above, this writ petition is closed, as not pressed. It is, however, clarified that further investigation of Rangia Police Station Case no. 944/2020, which was directed by the Order dated 28.05.2024 Page No. 7/7 and which is being carried out the present, shall continue so as to bring the investigation to its logical conclusion. Considering the nature of the alleged crime, it is observed that the investigation should be concluded as expeditiously as possible. It is further clarified that closure of the writ petition shall not have any effect to the on-going investigation, directed by the Order 28.05.2024 by this court in connection with Rangia Police Station Case no. 944/2020. JUDGE Comparing Assistant