Proceedings against an accused can be quashed if there is no evidence linking them to the alleged offenses, as continuing would be an abuse of process of law.

ORDER : S.R.KRISHNA KUMAR, J.

In this petition, petitioner seeks quashing of the proceedings in C.C.No.29573/2022 arising out of Crime No.454/2022 registered by respondent No.1 – police, pending on the file of the I Addl. Chief Judicial Magistrate (Presently XLV ACJM) for the offences punishable under Sections 66 , 66(B), 66(C), 66(D) of the IT Act 2000 and Sections 419 , 420, 201, 120(B) read with Section 149 of IPC.

2. Heard learned counsel for the petitioner and learned HCGP for respondent Nos.1 and 2 and perused the material on record.

3. A perusal of the material on record will indicate that the petitioner viz., Swapnil Rati was arraigned as accused No. 17 in C.C.No.29573/2022 along with 31 other accused, pursuant to FIR in Crime No.454/2022. The offences alleged against the petitioner and other accused are under Sections 66 , 66(B), 66(C), 66(D) of the IT Act 2000 and Sections 419 , 420, 201, 120(B) read with Section 149 of IPC.

4. In this context, learned counsel for the petitioner invited my attention to an order of this Court passed Crl.P.No.8975/2022 c/w Crl.P.8708/2022 dated 13.01.2023 as against accused Nos.1, 8 and 16, in order to point out that in view of quashment of criminal proceedings qua accused Nos.1, 8 and 16, the present petitioner who is accused No.17 in C.C. No.29573/2022 would be entitled to seek parity.

5. This Court in the case of Rishi Vyas & Ors. Vs. State of Karnataka – Crl.P.No.8975/2022 c/w Crl.P.8708/2022 dated 13.01.2023, quashed the criminal proceedings qua accused No.1, 8 ad 16 (in C.C.No.29575/2022) and held as under:

" ORDER

The Crl.P.No.8975/2022 filed by the petitioner-accused Nos.1, 8 and 16 under Section 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 Sections 120(B), 419, 420 read with Section 149 of IPC and Sections 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 Section 482 of Cr.P.C. for quashing the criminal proceedings in Crime No.454/2022 registered by the White filed CEN police, for the offences punishable under Sections 120(B), 419, 420 read with Section 149 of IPC and Sections 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 08.07.2022 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 p