28 Nov 2021 10:09 AM GMT
The wife of slain gangster Vikas Dubey (of Bikru, Kanpur), Richa Dubey has moved the Supreme Court challenging Allahabad High Court's order refusing to quash entire criminal proceedings in a case registered against her under Sections 419 and 420 of IPC for allegedly using her servant's SIM card without his will.The matter/SLP is likely to be heard tomorrow by the Bench of Justice Sanjiv...
The wife of slain gangster Vikas Dubey (of Bikru, Kanpur), Richa Dubey has moved the Supreme Court challenging Allahabad High Court's order refusing to quash entire criminal proceedings in a case registered against her under Sections 419 and 420 of IPC for allegedly using her servant's SIM card without his will.
The matter/SLP is likely to be heard tomorrow by the Bench of Justice Sanjiv Khanna and Justice Bela M. Trivedi.
The petitioner, Richa Dubey has challenged the Allahabad High Court order dated October 01, 2021, wherein the High Court had dismissed her 482 CrPC plea seeking to quash F.I.R registered in the instant case and proceeding arising therefrom.
Read more about the order here: "Used Servant's SIM Against Will, Tainted His Reputation": Allahabad HC Dismisses Vikas Dubey Wife's Plea To Quash Case U/S 419, 420 IPC
Dubey is the wife of Vikas Dubey, a gangster who is said to be the mastermind behind the killing of eight policemen in Kanpur's infamous Bikru encounter last year.
The SLP has been filed by Advocates Pranav Diesh, Rishabh Raj through AOR Rishi Kumar Singh Gautam.
The case in brief
As per the case of the prosecution, Richa Dubey was using a SIM Card which was originally in the name of one Mahesh, who was the servant of Vikas Dubey (Bikru incident) and Richa Dubey's wife, against his will.
The FIR, in this case, was lodged based upon the detailed report of S.I.T., which had come to the conclusion that there had been a gross violation of the guidelines of Telecom Regulatory Authority by Richa Dubey, which was incriminating in nature.
Notably, after the infamous Bikru encounter, in which 8 policemen were done to death by Dubey and his aides last year, Mahesh (servant) got registered a statement under Section 161 CrPC that his mobile Sim card was used by Richa Dubey since 2017 against his will.
He also claimed that he had not given any 'no objection certificate', which is otherwise mandatory as per the TRAI Guidelines which says that apart from blood relation, the name of SIM cardholder cannot be changed or used by any other person without any "No Objection Certificate".
He had also claimed that since Dubey was a gangster, he had no option but to comply with their direction.
On the other hand, Richa Dubey argued that the SIM Card in question wasn't misused by her in any crime and that so she used her servant's mobile whenever she needed and Mahesh had no problem with this.
Allahabad High Court's observations
At the outset, the Court had noted that Richa Dubey, being in a dominating position, made Mahesh, her servant to provide her with the Sim and use the same for her benefit.
Further, holding the Sim card in question to be a property within the meaning under Section 415 IPC (Cheating), the Court noted that owing to the fear psychosis, the servant could not muster the courage to lodge an FIR against the master, who was a known gangster for using his Sim card against his own will.
Lastly, concluding that offence is prima facie made out against the applicant, the Court had noted thus as it dismissed her plea:
"...the offences being made out are only on impersonation and deceiving, her servant and inducing him to deliver property (SIM Card) without his consent. Therefore, the ingredients for the offence under Section 419, 420 IPC are completely made out against the applicant. In doing so there is a clear mens rea of the applicant which is prima facie apparent on face of the record and also as per Clause-7 and 10 of the guidelines issued by the Government of India, Ministry of Communications and IT Department of Telecommunications, dated 9.8.2012, offence is prima facie made out against the applicant"