Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Kar) 780

IN THE HIGH COURT OF KARNATAKA
K. Natarajan, J.
Rishi Vyas – Appellant
Versus
State of Karnataka – Respondent
Criminal Petition No. 8975 of 2022
Decided On : 13-01-2023

Advocates appeared:
Kiran S. Javali, Advocate, R.D. Renukaradhya, Advocate, R. Shailesh Kumar, Advocate

The main legal point established in the judgment is that the absence of substantial evidence connecting the accused persons to the alleged offenses and the lack of complaints from victims can lead to the quashing of criminal proceedings as an abuse of process of law.

Headnote:
Quashing of Criminal Proceedings - Information Technology Act - Ss. 120(B), 419, 420 read with Sec. 149 of IPC and Sectionss 66, 66(C)(D) of Information Technology Act, 2000
Fact of the Case:
The case involved two separate criminal proceedings against the accused persons for offenses under the Indian Penal Code and the Information Technology Act. The accused were alleged to be involved in running a fake call center and cheating American citizens by obtaining their personal information and withdrawing money from their accounts.
Finding of the Court:
The court found that there was no substantial evidence against the accused persons to connect them with the alleged offenses. It noted that the police had failed to produce incriminating material or demonstrate any direct involvement of the accused in the criminal activities. The court also emphasized that the company itself was not made an accused in the cases, and there were no complaints from the alleged victims.
Issues: The main issue was whether there was sufficient evidence to proceed with the criminal proceedings against the accused persons, considering the lack of material connecting them to the alleged offenses and the absence of complaints from the victims.
Ratio Decidendi: The court held that when there is no material to support the framing of charges and no case made out against the accused, continuing with criminal proceedings would amount to an abuse of process of law. It cited legal precedents to support the principle that in such circumstances, the court has the power to quash the proceedings under Sec. 482 of the Criminal Procedure Code.
Final Decision: The court allowed the petitions and quashed the criminal proceedings against the accused persons in both cases.

JUDGMENT/ORDER

1. The Crl.P.No.8975/2022 filed by the petitioner- accused Nos.1, 8 and 16 under Sec. 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.29575/2022 pending on the file of I ACMM, Bengaluru registered by CEN police in Crime No.453/2022 for the offences punishable under Ss. 120(B), 419, 420 read with Sec. 149 of IPC and Sectionss 66, 66(C)(D) of Information Technology Act, 2000.

The Crl.P.No.8708/2022 filed by the petitioner- accused Nos.1, 7, 6, 11 under Sec. 482 of Cr.P.C. for quashing the criminal proceedings in Crime No.454/2022 registered by the Whitefiled CEN police, for the offences punishable under Ss. 120(B), 419, 420 read with Sec. 149 of IPC and Ss. 66, 66(C)(D) of Information Technology Act 2000.

2. Heard the arguments of learned counsel for the petitioner, learned SPP for respondent No.1.

3. Both the cases are arising out of the same offence said to be committed by the accused persons and filed at two different officers belonging to different police stations to the same CEN police and the complaint registered before the Whitefield CEN police one after the another on 8/7/2022 in Crime No.453/2022 at 12 P.M. against the same accused persons and Crime No.454/2022 at 12.30 P.M. filed by the Whitefield police officer. The allegation is one and same and the accused company and persons are one and same, except one of the accused No.7 in Crl.P.No.8708/2022 (in Crime No.454/2022). Hence taken together for common disposal.

4. The case of the complaint in both the cases filed by the both police officers Mahadevapura as well as Whitefield police alleging that the accused No.1 said to be a fake company running the call centre namely Ethical Infotech Pvt. Ltd., Gayatri Techpark Building, 1st Floor, EPIP Zone, Whitefiled, Bengaluru., and Ethical Infocom Pvt. Ltd also at No.23&24, Silver Soft Techpark, 3rd Floor, Mahadevarpura and engaging various persons as employees they used to call the citizens of United States of America stating that there was a gift from the Amazon Company and asking them to go and collect the gift. When the customers goes to the Amazon either to receive the gift or to cancel the order, they have to give the password and if password/OTP is given the accused company used to snatch/draw amount from the account of the customers. Further contended they are running the fake call centre therefore, prayed for taking action against the petitioners. After registering the case, the police arrested some of accused persons, they have been released on bail. The police investigated the matter in Crime No.453/2022 and filed the charge sheet, however there is no charge sheet filed in Crime No.454/2022 which is under challenge.

5. The Learned counsel for the petitioners has contended the accused No.1 in both the cases are employees of the Ethical Infotech Pvt. Ltd., which is registered company at Gujarat and running the call centre. The accused No.1 is only an employees of the call centre and the accused No.2 is only a travel agent who let out the cars to the call centre for picking and dropping the employee of the call centre and accused No.3 is stranger to the company and he has been charge sheeted to the police. Except accused No.7, who is one of the Director of the company and accused No.8 is a Travel Agent. The accused No.1-Rishi Vyas who is petitioner No.1 in both the petitions is employee of the company. The accused No.6 in Crime No.454/2022 is the petitioner No.2/Syed Ibrath in Crl.P.No.8975/2022 and petitioner No.3 in Crl.P.No.8708/2022 and accused No.8 in Crime No.453/2022 who was the travel agent. Accused No.16- Rishab in Crime No.453/2022 is also accused No.11 in Crime No.454/2022 said to be a stranger to the case. Accused No.7 in Crime No.454/22 is accused No.2 in Crime No.453/2022 - Jatiya Kishan Hirabai Bin Hirabai said to be Director of the company, has been falsely implicated by the police and absolutely there is no victim in this case. The police have falsely implicated the petitione

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