J&K&L High Court Refuses To Quash FIR Against Woman Accused Of SIM-Swapping With Trekker, ₹8.73 Lakh Cyber Fraud
The High Court of Jammu & Kashmir and Ladakh has refused to quash an FIR against a woman accused of being part of an alleged SIM-swapping and cyber fraud racket that allegedly targeted a trekker from West Bengal during his visit to Kashmir and siphoned off more than ₹8.73 lakh from his bank accounts.Holding that the allegations disclosed commission of cognizable offences under the...
The High Court of Jammu & Kashmir and Ladakh has refused to quash an FIR against a woman accused of being part of an alleged SIM-swapping and cyber fraud racket that allegedly targeted a trekker from West Bengal during his visit to Kashmir and siphoned off more than ₹8.73 lakh from his bank accounts.
Holding that the allegations disclosed commission of cognizable offences under the Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act, the Court ruled that disputed questions regarding the truthfulness of the allegations could only be examined during investigation and not in proceedings seeking quashing of the FIR.
According to the prosecution, the victim, Ritwik Gupta, had travelled to Jammu and Kashmir between 24 August and 2 September 2024 and was staying at "WHOSTELS" at Upper Brein, Nishat, Srinagar. It was alleged that the petitioner, Yavnika alias Anshu, along with another accused, befriended the victim and, while he had left his mobile phone in his room to charge before going to the bathroom, secretly swapped his original SIM card with another SIM card.
Taking advantage of the victim's week-long trekking expedition in the Pir Panjal range, where there was no mobile connectivity, the accused allegedly used the stolen SIM card to generate OTPs and fraudulently transfer over ₹8.73 lakh from his bank accounts besides applying for credit cards, debit cards and loans in his name.
Justice Sanjay Dhar passed the order while dismissing a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging FIR registered at Police Station Nishat, Srinagar, for offences punishable under Sections 318(4), 319(2) and 61(2) of the Bharatiya Nyaya Sanhita.
The FIR originated from a Zero FIR registered at Police Station Cyber Crime District Siliguri, West Bengal, on a complaint lodged by the victim's father. The matter was subsequently transferred to Police Station Nishat, Srinagar, where the impugned FIR came to be registered.
The complaint alleged that while the victim was staying at the Srinagar hostel, the petitioner and co-accused Rohit Kumar gained his confidence and tampered with his mobile phone after he left it unattended. On returning from trekking, after few days, the victim allegedly discovered that his original SIM card had been replaced with another SIM issued in the name of a resident of Himachal Pradesh and that multiple unauthorised online transactions had been carried out from his bank accounts.
The complaint further alleged that the accused had used the victim's SIM card to authenticate OTPs, obtain banking credentials and apply for various financial products in his name with the assistance of the hostel manager.
Seeking quashing of the FIR, the petitioner contended that the allegations were fabricated and mutually contradictory and that even if accepted at face value, they failed to disclose commission of the offences for which the FIR had been registered.
Rejecting the contention, the Court held that the allegations contained in the FIR clearly disclosed commission of cognizable offences requiring investigation. The Court observed that the complaint specifically alleged that the petitioner and her associates had tampered with the victim's mobile phone, swapped his SIM card and thereafter misused the original SIM to fraudulently transfer a substantial amount of money through electronic transactions.
The Court emphasised that the jurisdiction under Section 528 BNSS is limited and cannot be converted into a forum for evaluating the correctness or otherwise of the allegations made in the FIR. Whether the allegations are true or false, the Court observed, is a matter to be established during investigation and, if necessary, trial. Justice Dhar observed,
"Whether the allegations made in the impugned FIR are correct or false, is a matter of investigation. This Court while exercising its jurisdiction under Section 528 BNSS cannot hold a mini trial and determine the veracity of the allegations made in the impugned FIR."
The Court further held,
"Once it is clear that the contents of the impugned FIR disclose commission of cognizable offences, the Investigating Agency has a statutory duty to undertake investigation of the case. The Court cannot restrain the investigating agency from discharging its statutory duty."
Finding no legal ground to interfere with the FIR at the threshold, the Court held that the investigation must proceed in accordance with law and accordingly dismissed the petition.
Case Title: Yavnika alias Anshu v. Union Territory of J&K & Ors.
Citation: 2026 LiveLaw (JKL) 305