NARINDER SINGH CHAUHANversusSTATE OF U.P. AND ANOTHER

              HIGH COURT OF JUDICATURE AT ALLAHABAD

              APPLICATION U/S 528 BNSS No. - 50787 of 2025

Narinder Singh Chauhan
                                                               .....Applicant(s)
                                      Versus
State of U.P. and Another
                                                                   .....Opposite
                                                                         Party(s)

Counsel for Applicant(s)          :   Mukul   Kumar      Mishra,      Umakant
                                      Chaudhary
Counsel for Opposite Party(s)     :   G.A.

Court No. - 75
                           HON'BLE SAMIT GOPAL, J.

1. List revised.

2. Heard Sri Mukul Kumar Mishra, learned counsel for the applicant, Sri Bade
Lal Bind, learned counsel for the State and perused the material brought on
record.

3. Learned counsel for the State submits that he has received instructions in
the matter for which time was granted to him on 09.01.2026.

4. This application under Section 528 BNSS / under Section 482 Cr.P.C. has
been filed by the applicant- Narinder Singh Chauhan, with the prayer to allow
this application and quash the entire proceeding as well as impugned charge-
sheet dated 16.04.2025 & summoning order dated 22.04.2025 in Case No.
49233 of 2025 (State Vs. Umesh Mahajan and others) arising out of Case
Crime No. 0055 of 2024, under Sections 419, 420, 406, 468 and 120-B I.P.C.
and Section 66D I.T. Act, Police Station Cyber Crime Police Station, District
Gautam Buddh Nagar, pending in the Court of Chief Judicial Magistrate,
Gautam Buddh Nagar.

5. The first information report of the matter was lodged on 26.06.2024 under
Sections 419, 420, 66D I.T. Act by Glenda Roleen Fernandes the opposite
party no.2 with the following allegations:-

"I Glenda Roleen Fernandes, am writing to register an FIR against unknown
persons regarding a cybercrime that has affected me the details of the incident
are as follows. During the period of 23-06-2024 to 25-06-2024 1 received
multiple calls from mobile number, who stated they are speaking from FEDEX
Courier Company and a parcel that has been booked by has been held due to
some reason and they further asked me to call on 990547710 to get more
                                                         NA528 No. 50787 of 2025
                                2

details of the parcel and the call got disconnected. During this time I then
received a call from the above mentioned number 990657710 from some Ravi
Kumar who impersonated himself as FEDEX Employee ID Number. He then
told me that a parcel under my name containing 5 Travelling Passports,
3Credit Cards, I Laptop, 4 kgs Clothes, 200 grams NDMA, Rs. 35000 Cash is
being sent to one ZHANG LIN Bearing Address 112/3 Sanbei Road, Taipei
City, Taiwan 104001 and further informed me that the said items/ substance
are illegal within the territory of the country and you could be imprisoned for
sending such illicit substances out of the country, he then connected me to
Mumbai crime branch 91. when i was connected (Whatsapp Video Call) within
Mumbai Crime Branch one person who impersonated himself as one Vikram
Singh, Head Constable Mumbai Crime Branch. He then informed me that my
AADHAR number is linked withe multiple accounts for the purpose of
laundering money then he interrogated me and accused me of receiving
money using the dark web and further accused me that one MOHAMMED was
my associates. He told me that this case is of money laundering and I would
land in jail. He then made me connect to one of his senior officer having
mobile number he than asked me to send a picture and further sent me two
PDF files in the name of ACKNOWLEDGEMENT LETTER FROM FINANCIAL
DEPARTMENT RESERVE BANK INDIA and in the subject is was written
MONEY LAUNDERING CASE GLENDA ROLLEEN FERNANDES with a
stamp of Reserve Bank of India and another letter from Central Bureau
Investigation (CBI) having heading line as CONSENT TO TERMS OF
CONFIDENTIALITY        AGREEMENT        and    subject    line   as    MONEY
LAUNDERING CASE, DRUG TRAFFICIKING IDENTITY THEFT the said
letter was signed by Milind Bharambe IPS(DCP Cyber) it also had the stamp
of Mumbai Police. In abovementioned PDF it was stated an amount of Rs.
14,38,085/- will be verified by CBI and further asked me to send the said
amount to someones account. However the said transaction was failed and
then the person gave me the bank account details of some Mr. Umesh
Mahajan IFSC CIUB0208 Account Ending Number 4517 and asked me to
transfer the amount of Rs. 5,00,110/- the same was transferred by me on 23-
06-2024 using the ICICI Mobile App, he then asked me to transfer rest of the
amount and accordingly I was scared and I transferred Rs. 9,37,975/- to the
account given by him of MARUTI ENTERPRISES IFSC JSFB3102 account
ending from 7495 on 24-06-2024 from my ICICI mobile app. I had three fixed
deposits in HDFC Bank amounting to Rs. 40,00,000/- and three in Bajaj
Finance amounting to Rs. 40,00,000/- Then he informed me that the same
process would be applied to these FDs also sent me a similar forged letter on
24-06-2024 and asked me to break my FDs to verify the amount. He also sent
me an letter of DIRECTORATE OF ENFORCEMENTY Foreign Exchange
Management Act having the subject line as ARREST FREEZING CONTROL
                                                          NA528 No. 50787 of 2025
                                    3

ORDERS the said letter had my image. Post which the accused person
informed me that he would not arrest me if the verfication of the FDs amount is
done on priority and further gave me the details of some MAHI ELECTRICALS
Account No 2010294xxxxx IFSC INDB 0001712 and asked me to transfer
amount of Rs. 69,78,894/- since I was in fear I transferred the said amount
through RTGC. For this payment, I had to go to the ICICI bank branch in
Sector18 at around 2 pm on 25th june, 2024. From Saturday 23rd june till
Tuesday 25th of June 2024 I was asked to remain on camera/video call
through Whatsapp, except while I was in the washroom. Even at that time, the
phone line remained live. During the night, while sleeping, I was instructed to
remain online on camera as well. I was asked to screenshare my phone
activities with the unknown accused persons at all time so they could monitor
activity on my phone such as calls and messages. They remained on video
and audio while I went out to deposit the RTGS. I have been cheated for a
total sum of Rs. 84,16,979. Further, kindly note that all the supporting
documents/evidences are attached in this complaint for your kind perusal and
convenience. GLENDA ROLEEN FERNANDES."

6. During investigation the name of the applicant surfaced in the matter and he
was made an accused. The matter was investigated and a charge-sheet was
submitted against Ram Singh and Narinder Singh Chauhan (the present
applicant) for offences under Sections 419, 420, 406, 468, 120-B I.P.C. and
Section 66D I.T. Act.

7. The court of the Chief Judicial Magistrate, Gautam Buddh Nagar took
cognizance upon the same and summoned the applicant. Further a charge-
sheet was submitted against the accused Umesh Mahajan for offences under
Sections 419, 420, 468 I.P.C. and Section 66D I.T. Act on which also
cognizance was taken and he was also summoned vide the same order. This
petition has thus been filed before this Court.

8. Submission of learned counsel for the applicant is that the applicant is not
named in the first information report. His name has surfaced in the matter
during investigation. It is submitted that there is no recovery from the applicant
by the police and no transaction has been done between the applicant and
other accused. It is submitted that the applicant has been granted bail vide
order dated 28.04.2025 passed by the Additional District & Sessions Judge,
Second / Special Judge, SC/ST Act, Gautam Budh Nagar, the copy of the said
order is annexed as Annexure-11 to the affidavit. The applicant has no
criminal history as stated in para 29 of the affidavit. It is submitted that the
present petition thus be allowed.

9. Per contra, learned counsel for the State vehemently opposed the prayer
                                                                                              NA528 No. 50787 of 2025
                                                                     4

                                    for quashing and submitted that the present case is a case in which a gang
                                    operates and as a result of their work they digitally arrest a person and extort
                                    him which is the present case also in which the informant was digitally
                                    arrested and extorted. She parted with huge amount of money in the same
                                    same sequence. It is submitted that during investigation the implication of the
                                    applicant has surfaced and thus charge-sheet has been filed. It is submitted
                                    that in the present case not naming an accused is not of any relevance in as
                                    much as all the accused who come forward and are even behind the back do
                                    not disclose their correct name and are unknown to the informant or the victim
                                    and thus the name does not surface in the first information report. It is
                                    submitted that it is only once the matter is investigated the complicity of the
                                    accused comes out. It is submitted that thus the present petition be dismissed.

                                    10. After hearing the learned counsel for the parties and perusing the records,
                                    it is evident that the present case is a case of digital arrest. In such a matter
                                    an accused not being named does not have any serious repercussions and
                                    the investigation is done which then brings out the names of the persons
                                    involved in the matter. The charge-sheet in the matter has been submitted
                                    against the applicant. No ground for interference is made out.

                                    11. The present application under Section 528 BNSS is dismissed.

                                    April 8, 2026
                                    AS Rathore
                                                                                                   (Samit Gopal,J.)




Digitally signed by :-
ABHISHEK SINGH RATHOR
High Court of Judicature at Allahabad