Criminal proceedings cannot continue against an accused without substantiated allegations, as it constitutes an abuse of process.

ORDER :

1. In this writ petition, the petitioner seeks the following reliefs:

"WHEREFORE it is most respectfully prayed this Hon'ble Court be pleased to quash the Order dated 4/1/2025 passed by the LXIII Addl. City Civil and Sessions Judge (CCH-64) at Bengaluru in Criminal Revision Petition No.555/2022 and Consequently quash the entire proceedings in C.C.No.3171/2018 which is now pending on the file of the I Addl. Chief Metropolitan Magistrate, Bengaluru for offences p/u/s 66(B), 66(C) of Information technology act-2000 in so far as the Petitioner is concern in the ends of justice."

2. Heard the learned counsel for the petitioner, learned HCGP for respondent no.1 and perused the material on record. Respondent no.2 has remained absent and has been served with notice of this petition and he has chosen to be unrepresented.

3. Perusal of the material on record would indicate that on 13.07.2017, respondent no.2-complaiant has filed the instant complaint, registered as and FIR in Cr.No.252/2017 against the petitioner-accused no.1 alleging the offences punishable under sections 66B and 66 C of Information Technology Act r/w Section 420 IPC. The said complaint reads as under:

"13.07.2017

Police Inspector, C.K. ACHKATTU Police Station Bangalore

SUB: HACKING OF MY PERSONAL INCOME TAX ACCOUNT (AAYPC4282C) ON INCOME TAX PORTAL BY MR. ARAVIND G of AARYA ASSOCIATES.

Ref: Investigation done by Cyber Cell of COD Police Bangalore.

Dear Sir,

I the undersigned have found out that my Income tax account has been hacked and my private information has been accessed to by a person who is a total stranger to me. After coming to know about the fact that my account was registered by a totally unknown person in the year 2013. After being unable to access our account we sought to know the details of the person who have been accessing my account from the IT Department and we came to know from them that a person by MR.ARAVIND G of AARYA ASSOCIATES with the following details Email: aravind@aaryassociates. in Mobile Number: 9845828698 was the registered user. In order to avoid further misuse of downloading private and proprietary information from our account we tried to locate this person after months of struggle and on a look out at multiple places whose details are as attached, claimed to be as his Auditor offices, where he really does not exist, we got hold of him at last at House No. 23/A, Nanda Gokula, 1st Cross/2nd B Cross, Vidyapeeta Circle, Bangalore -28, mob: 9845828698 and also found that he is staying at No.5, Shri Nanjundashwara Nilaya, BTR Garden, (Near Kudlu Gate) Kudlu Main Road, Madivala, Bangalore-560068 mob: 9341805090.

But his own details on the internet states to the contrary It was possibly luck of mine that I could get hold of this person at this address as he was not located at any of the office that he claims he is operating from. I simply cannot understand and come to terms as to how a stranger like MR.ARAVIND G of AARYA ASSOCIATES has illegitimately hacked into my Income Tax Retur account and accessed records in violation of my rights and privacy and without any permission or authorization from me, it only increases the fear in me whether he is actively involved in illegitimate trading of information's like this with beneficiaries. Additionally, I had found my account password changed and contact details of this MR.ARAVIND G of AARYA ASSOCIATES in my primary contact information of my ITR account. After I took strong exception to his act he casually states to me that from today onwards he will not access my account and I can change and create my own user ID and password if I wish to. By the way he spoke to me carelessly and recklessly I also fear that he may have similarly hacked into other accounts and have been a regular offender for illegit