Point of law : The change of name of subscriber is not permitted as the SIM card in user terminal is not transferable. The change in name between the blood relatives/legal heirs is permitted provided new CAF and all the procedure as for registering a new subscriber is followed and new SIM card is issued. However, after the change in name the connection shall be treated as new connection. In such case, change in address is not permitted. Further, No Objection Certificate from the original user shall also be taken. In case of death of the original user, death certificate will suffice instead of No Objection Certificate.

JUDGMENT :

1. Heard Sri Prabha Shankar Mishra, learned counsel for the applicant as well as Sri Manish Goyal, learned Additional Advocate General assisted by Sri Rajesh Mishra learned A.G.A. and Sri Abhijit Mukharji, learned Brief Holder for the State and perused the record.

2. This application has been filed by the applicant with a prayer to quash the entire proceedings including the charge sheet and cognizance/summoning order dated 18.2.2021, arising out of Case No.0323 of 2021 under Section 419, 420 IPC, P.S. Chaubeypur District Kanpur Nagar, pending in the court of Special Judge (D.A.A.), Ramabai Nagar (Kanpur Dehat).

3. Learned counsel for the applicant submits that as per the allegation in the FIR, the applicant and 8 other co-accused were using Sim in mobile phones which was registered on some other person’s identity. The applicant was using mobile Sim card no.7317771173 wherein the sim card of Mahesh, son of Bharat Prasad, resident of Nigoha, Mau, was inserted. He further submits that the applicant has been falsely implicated in the present case. The mobile used by the applicant is of her servant and there is no allegation against the applicant that any misuse of the aforesaid number or any crime was committed by use of the aforesaid customer I.d. number of Mahesh son of Bharat Prasad.

4. Learned counsel for the applicant further submits that the applicant had no mobile phone of her own, so she used the mobile phone Sim card No.7317771173 of her servant Mahesh whenever she needed and Mahesh had no problem with this. It was further submitted that on 3.7.2020 in Bikru village, Police Station Chaubeypur, District Kanpur Nagar, an incident of shoot-out (Bikru incident) had taken place in which husband of the applicant namely Vikas Dubey was made accused and after the shoot-out, Mahesh was afraid so he left applicant’s house and went to Sitapur and left his mobile phone Sim card bearing No.7317771173 at the applicant house as she had no mobile phone and Sim card of her own.

5. Learned counsel for the applicant further submits that Mahesh stayed in his village almost about 3 months and during this period on the permission of Mahesh, the applicant transferred mobile Sim card No. 7317771173 on her own identity. The applicant never misused the mobile Sim card No. 7317771173 and presently the same is registered on her own identity and Mahesh has no problem with this even he is staying in her house which is located in Lucknow. Mahesh has given a notarial affidavit before the concerned authority in this regard. The applicant has never misused mobile Sim card No. 7317771173 for any illegal purpose or any criminal activity. From perusal of the entire case diary there is not a single whisper about the misuse of mobile phone Sim card No.7317771173 for any criminal purpose as well as the owner of sim card Mahesh has not made any complaint to the any police officer or telecommunication officer for misuse of his mobile and sim card by the applicant. In absence of the complaint the whole proceeding so initiated by the concerned police as well as Investigating Officer is abuse of process of law.

6. Learned counsel for the applicant further submits that Investigating Officer without considering the legal proposition as established by the law, in a mechanical manner has submitted the charge sheet against the applicant and the learned Magistrate has also taken cognizance in a routine manner.

7. Per contra, learned AGA has filed short counter affidavit and has submitted that the mobile SIM card was on the name of Mahesh having mobile Sim card No. 7317771173. This person Mahesh was the servant of Vikas Dubey, husband of the applicant. It is clear from the statement of Mahesh under Section 161 CrPC that his mobile Sim card No.7317771173 was used by the applicant since 2017 and for this he had not given any ‘no objection’ to the applicant.

8. It was further stated in the short counter affidavit that the FIR which was lodged on 19.11.2020 under Section 41