SRINAGAR: The High Court of Jammu Kashmir and Ladakh has dismissed a petition seeking to quash a First Information Report (FIR) against an accused involved in a high-tech SIM card swapping and bank fraud case. Justice Sanjay Dhar ruled that the court cannot hold a mini-trial to determine the veracity of allegations at this stage. The court observed that the allegations clearly disclose the commission of cognizable offences, and the investigating agency has a statutory duty to undertake a full investigation.
The order was pronounced on July 13, 2026 at the Srinagar wing of the High Court in a criminal petition filed by the petitioner, Yavnika alias Anshu. The petitioner was represented by advocate Hazim Qureshi. No counsel appeared on behalf of the respondents, which included the Union Territory of Jammu and Kashmir and others.
The background of the case stems from a communication received from the Cyber Crime Police Station in Siliguri, West Bengal. A zero FIR was initially registered there based on a complaint filed by the father of the victim, Ritwik Gupta. The case was later transferred to the Nishat Police Station in Srinagar, leading to the registration of FIR No.1/2025 for offences under sections 318(4), 319(2), and 61(2) of the Bharatiya Nyaya Sanhita (BNS).
According to the complaint, the victim was travelling in Jammu and Kashmir from 24 August 2024 to 2 September 2024. The complainant named 12 individuals, including the petitioner, accusing them of forming an association to swap the victim’s SIM card and fraudulently siphon off Rs 8,73,661.50 from his bank accounts.
The fraud allegedly took place at a hostel named “WHOSTELS” located in Upper Brein, Nishat, Srinagar. The victim had checked into a dormitory on 24 August 2024. Two days later, on 26 August 2024, the victim left his mobile phone on charge in his room while he went to the washroom. Upon returning, he found the petitioner and another accused, Rohit Kumar, handling his mobile phone. The duo claimed they were merely trying to fix the phone as it was not charging properly.
The accused subsequently learned that the victim was leaving for a week-long trekking trip in the Pir Panjal range. Due to the lack of network coverage during the trek, the victim remained unaware of his mobile phone status. When he returned to the hostel on 2 September 2024, he discovered multiple fraudulent transactions executed via net banking, debit cards, and credit cards across HDFC Bank, State Bank of India, and ICICI Bank. The accused had also allegedly used his identity to apply for loans and multiple new credit cards from Axis Bank.
Upon checking the physical device, the victim discovered that his original Jio SIM card had been stolen and replaced with a prepaid SIM card registered under the name of Ajay Suwalka from Himachal Pradesh. The complainant alleged that the swapping was done with the active assistance of the hostel manager, Wasim Raja, to intercept and verify One-Time Passwords (OTPs) for the illegal e-transactions.
The petitioner moved the High Court to challenge the FIR, contending that the case was built on a concocted and contradictory story that did not disclose the commission of the alleged offences.
Rejecting the plea, the High Court emphasised that the statutory duty of the police cannot be curtailed when a cognisable offence is prima facie evident. Justice Sanjay Dhar noted, “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.”
Concluding that the petition lacked merit, the court dismissed the plea and allowed the investigating agency to proceed, observing, “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.”
