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News UpdatesJammu & Kashmir High Court Directs FIR Over Online Loan Cheating Through Facebook Akshita Saxena20 Feb 2021 5:41 AMShare This – xThe Jammu and Kashmir High Court has allowed a criminal application seeking directions for registration of FIR in a case related to online fraudulent loan offer through Facebook. A Single Bench of Justice Dhiraj Singh Thakur noted that the Petitioner’s application under Section 156(3) CrPC was disposed of by the concerned Magistrate with prima facie finding that the…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Jammu and Kashmir High Court has allowed a criminal application seeking directions for registration of FIR in a case related to online fraudulent loan offer through Facebook. A Single Bench of Justice Dhiraj Singh Thakur noted that the Petitioner’s application under Section 156(3) CrPC was disposed of by the concerned Magistrate with prima facie finding that the facts disclose commission of a cognizable offence by the accused. However, the Magistrate fell short of issuing directions for registration of FIR. “On a perusal of the order impugned, it thus appears that there is a contradiction in the order passed by the Court below. While on one hand, the learned Magistrate appears to be satisfied that cognizable offences seemed to have been committed on the basis of averments made in the complaint, on the other hand, the learned Magistrate has forwarded the complaint to be looked into by the Crime Branch with a further direction to register a case only if some cognizable offences are found to have been committed,” the Bench noted. Background The Petitioner had approached the High Court through Advocate Deepak Sharma complaining that he had been subjected to a scam by online fraudsters and was, therefore, deprived of approximately Rs. 20,700/- on the pretext of granting him an online loan. He submitted that the accused persons, including Facebook and Bajaj Finance, in collusion with each other made an offer of loan to him on his Facebook page, by placing the said offer for loan under “Sponsored category” and induced and lured him to accept the said loan offer by displaying it recurrently on his Facebook feed. The Petitioner further submitted that the accused conspired to cheat him by inducing him to transfer a total amount of Rs 20,700/- in to the bank account of the Respondent, by fraudulently winning his confidence, by making an offer for loan displaying name and official logo of Bajaj and placing the offer for loan under Sponsored category on Facebook. It was his case that the Police was reluctant to entertain his complaint and thus, a prayer was made before the Magistrate to exercise his powers under Section 156(3) of the CrPC for issuing directions for registration of a case in that regard.The petitioner made Facebook India, FB India Vice President Ajit Mohan, Bajaj Finance Ltd and its Managing Direector Rajiv Jain as accused 1 to 4 in the complaint. In his order, the Magistrate said, “Ex facie the cognizable offences are found to have been committed. Therefore at this stage, it is considered just and appropriate to allow the application and direct SSP Crime Branch, Jammu to look into the allegations and if some cognizable offence is found to have been committed by the accused persons, then only, an FIR shall be registered and the occurrence shall be investigated forthwith.” Cryptic order Aggrieved by aforesaid cryptic order, the Petitioner approached the High Court. He argued that if the Magistrate was satisfied that cognizable offences on the face of it had been committed, then there was no occasion for the Magistrate to leave it open to the Police authorities to look into the allegations to determine as to whether the cognizable offences had been committed or not. The plea stated, “Special Railway Magistrate, Sub Judge, Jammu, despite knowing the fact that the information given by the petitioner in the application under section 156(3) Cr.P.C. discloses cognizable offences, instead of acting as per the mandate of law by issuing specific directions to the police to file FIR against the accused persons and to conduct investigation in the matter, in a manner unknown to law, vide its order dated 02-09-2020 though concurring that ex facie the cognizable offences are found to have been committed, but in a very casual manner directed Respondent no. 4 to look into the allegations and directed that if some cognizable offence is found to have been committed by the accused persons, then only, an FIR shall be registered and the occurrence shall be investigated forthwith.” Findings The Single Judge was of the opinion that the second portion of the impugned order, inasmuch as it leaves it open to the Crime Branch to decide the fate of the complaint, is contrary to the satisfaction already recorded and is therefore, to that extent, bad in law. The Court ordered, “the order impugned to the extent it leaves the issue of registration of FIR to the wisdom of the official respondents is bad in law and is, accordingly, set aside. The Incharge Cyber Cell would register an FIR and the same shall be investigated by the concerned Branch dealing with the Cyber offences.” Case Title: Vivek Sagar v. UT of J&K & Ors. Click Here To Download Order Read OrderNext Story
Heidi Gutman/NBC/NBCU Photo Bank via Getty Images(NEW YORK) — Longtime NBC News anchor Tom Brokaw said he “made no romantic overtures” toward a former colleague who told at least two other media outlets he acted inappropriately toward her in the 1990s. Linda Vester, 52, told the Washington Post and Variety that Brokaw approached her at the NBC News bureau in Denver in 1993 and inside her hotel room in New York in 1994, touched her without her permission and sent her suggestive computer messages. She provided journals to Variety that she say backed up her account.Brokaw denied those encounters took place.“I met with Linda Vester on two occasions, both at her request, 23 years ago because she wanted advice with respect to her career at NBC,” Brokaw said in a statement released through NBC News. “The meetings were brief, cordial and appropriate, and despite Linda’s allegations, I made no romantic overtures towards her at that time or any other.”The Post reported that another woman, unnamed, also accused Brokaw of unwanted touching, which he denies.Brokaw is 78 and has been married since 1962.Copyright © 2018, ABC Radio. All rights reserved.
April 7, 2014: Monday Calls for service: 72Motor Vehicle Stops: 20Motor Vehicle Accidents: 1Property Checks: 28Alarms: 1The Police Department assisted with 6 Fire and 7 EMS callsMotor vehicle accident, no injuries, 800 block 7th St., at 9:29amTheft, 800 block Wesley Ave., at 10:09amCounterfeiting, 2100 block Wesley Ave., at 12:05pmHarassment, 200 block 4th St., at 2:32pmDomestic violence, 400 block Asbury Ave., at 10:59pm April 6, 2014: Sunday Calls for service: 53Motor Vehicle Stops: 21Motor Vehicle Accidents: 1Property Checks: 9Alarms: 2The Police Department assisted with 3 Fire and 2 EMS callsWarrant, Route 52, one in custody, at 9:46amDisorderly, 3300 block Bay Ave., one in custody, at 12:46pmWarrant, 800 block Bay Ave., one in custody, at 3:08pmMotor vehicle accident, no injuries, 14th St. & Wesley Ave., at 4:59pm April 9, 2014: WednesdayCalls for service: 56Motor Vehicle Stops: 13Motor Vehicle Accidents: 2Property Checks: 18Alarms: 2The Police Department assisted with 2 fire and 4 EMS callsMotor vehicle accident, no injuries, Brighton Pl., & Atlantic Ave., at 3:32pmDWI, 2900 block West Ave., one in custody, at 10:20pm April 8, 2014: TuesdayCalls for service: 103Motor Vehicle Stops: 46Motor Vehicle Accidents: 0Property Checks: 31Alarms: 0The Police Department assisted with 6 fire and 4 EMS callsMotor vehicle accident, hit & run, 500 block 6th St., at 2:48pmMotor vehicle accident, no injuries, 700 block West Ave., at 4:25pm April 10, 2014: ThursdayCalls for service: 68Motor Vehicle Stops: 15Motor Vehicle Accidents: 1Property Checks: 23Alarms: 3The Police Department assisted with 2 fire and 3 EMS callsMotor vehicle accident, no injuries, 8th St. & Central Ave., at 2:12pmShoplifting, 1200 block West Ave., at 7:22pm April 12, 2014: Saturday Calls for service: 129Motor Vehicle Stops: 65Motor Vehicle Accidents: 0Property Checks: 28Alarms: 5The Police Department assisted with 12 fire and 5 EMS callsDomestic violence, 10th St., at 9:11amFraud, 700 block Battersea Rd., at 1:54pmMotor vehicle accident, no injuries, 17th St. & West Ave., at 3:39pmTrespassing, 600 block West Ave., at 8:36pm OCEAN CITY POLICE SUMMARIZED WEEK’S ACTIVITIESApril 6 – 12, 2014Calls for Service: 549Daily Average: 78 PUBLIC SERVICE ANNOUNCEMENTS:Just a reminder that it is a violation of a City Ordinance to have dogs on the boardwalk anytime during the year.City Ordinance 87-17sec.4-32 prohibits any Boat/Trailer over 22 feet in overall length from being parked on a city street. Any boat/trailer less than 22 feet in overall length can only remain on a city street for three consecutive days. Officers will be issuing summons and towing boats/trailers for any observed violations. April 11, 2014: FridayCalls for service: 68Motor Vehicle Stops: 26Motor Vehicle Accidents: 0Property Checks: 25Alarms: 1The Police Department assisted with 3 fire and 3 EMS callsHarassment, 3400 block Haven Ave., at 5:35pm