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2026 DAILYLAW 33278 (CAL)

MIHIR KUMAR ROY v. UNION OF INDIA AND ORS.

WPA/8749/2025 · 2026-08-13

Kausik Chanda

Writ Petition (Criminal)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

238 13-08-2026 AKG Ct. 237 WPA 8749 of 2025 Mihir Kumar Roy Vs. Union of India & Ors. Mr. Apalak Basu, Mr. Rajesh Kshetry, Ms. Sompurna Chatterjee, Ms. Sanghamitra Mridha, Mr. Yavik Singhal …for the Petitioner Mr. Debabrata Das, Mr. A. Sarkar, Mr. Pratik Acharjee …for RBI Mr. Milind Mohul Ghosh …for the State Mr. Amajit De …for CBI Sk. Sahjahan, Ms. Shreya Banerjee …for Respondent No. 20 The learned advocate appearing for the petitioner submits that the petitioner has been a victim of cyber fraud. It is submitted that the petitioner was induced to transfer a sum of Rs. 1,74,10,500/- from his bank accounts by certain unknown fraudsters who impersonated officials of the Telecom Regulatory Authority of India, the police authorities, and various Government agencies, and thereby induced the petitioner to make the said transfers under the apprehension of arrest and other legal consequences. The petitioner lodged a complaint before the Bidhannagar Cyber Crime Police Station, which was registered as Police Station Case No. 10/2025 on January 21, 2025, under Sections 111(4), 111(6), 316(2), 318(4), 2 319(2), and 61(2) of the Bharatiya Nyaya Sanhita, 2023. The learned advocate appearing for the petitioner submits that, in view of the judgment passed by the Supreme Court in Suo Motu Writ Petition (Criminal) No. 3/2025, In Re: Victims of Digital Arrest related to Forged Documents, dated October 17, 2025, and the subsequent orders passed therein, the instant case ought to be transferred to the Central Bureau of Investigation. The learned advocate appearing for the Central Bureau of Investigation, on instruction, submits that, in view of the aforesaid judgment of the Supreme Court, the case may be investigated by the Central Bureau of Investigation. The learned advocate appearing for the State submits that there has been no laches on the part of the Cyber Crime Police Station, Bidhannagar Police Commissionerate, in investigating the matter and that all necessary steps have been taken to unearth the truth. It is submitted that multiple raids have been conducted, one person has been apprehended, and several bank accounts have been identified and suspended in the course of the investigation. It is further submitted that the investigation is still ongoing. This Court is, however, of the view that, having regard to the pan-India ramifications of the case and in view of 3 the aforesaid judgment of the Supreme Court, the instant case ought to be transferred to the Central Bureau of Investigation. This direction, however, shall not, in any manner, be construed as reflecting upon the competence or conduct of the investigation carried out by the Cyber Crime Police, Bidhannagar Police Commissionerate. In view of the aforesaid, the Officer-in-Charge of the Cyber Crime Police Station, Bidhannagar Police Commissionerate, shall hand over all necessary case records to the Central Bureau of Investigation, Economic Offences Branch-III, New Delhi, within a period of two weeks from the date of this order. Thereafter, the matter shall continue to be investigated by the said Branch of the Central Bureau of Investigation in accordance with law. Accordingly, WPA 8749 of 2025 stands disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Kausik Chanda, J.)