Hon'ble HC decline relief to accused in BSNL unwanted SMS FIR

I had filed an FIR before the Mahanagar police station as regards sending unwarranted SMS in BSNL mobile phones and looting subscribers.

I had said that at around 12 noon, me and wife Nutan Thakur got SMS on their mobiles from one EasyVault services through a number 525854020 which said that my data backup was now safe. With this Rs. 20 got deducted from their respective account balance. I said that this is a clear case of cheating and theft done against their wish with the help of electronic devices.
I prayed that since I had heard this happening with many people, hence I want to register an FIR in this matter of public interest.

A petition was filed in the Hon'ble Allahabad High Court, Lucknow Bench by Sri A B Sharma, owner and Sri Siddharth Singh Bisht, Manager of Netage Solutions, New Delhi saying that the event was only a technical snag and is only a civil matter where FIR had been registered in my influence.

But the Hon'ble Court declined to give any relief to the accused persons in the FIR registered by me.

The bench of Justice Hon'ble Abdul Mateen and Justice Hon'ble Ashwani Kumar Singh said that the FIR discloses commission of cognizable offence and hence it cannot be quashed. So the writ petition is misconceived and is dismissed. However, if petitioners surrender and move application for bail, the same shall be considered and decided by the courts below expeditiously.

This gives very strong evidence in favour of my FIR and also paves way for future action in this regards in many other cases.\

Order-