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SWARANA KANTA SHARMA
Achal Rana – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT
Swarana Kanta Sharma, J.
1. The petitioner, by way of present petition filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.'), seeks issuance of writ of certiorari or any other appropriate writ, order or direction for, inter alia, quashing of FIR bearing no. 101/2022, registered at Police Station Cyber Police Station South East, Delhi under Section 420 of Indian Penal Code, 1860 (`IPC').
2. Brief facts of the case are that the present FIR was registered on 29.08.2022 on the basis of complaint lodged by respondent no. 2, who had stated that on 30.03.2022, when he was sitting in his chamber in Patiala House Courts, New Delhi, he had obtained the number of Paytm customer care i.e. ******5448 from Google and had dialed on the same since he was facing some problem with his Paytm account. However, the call had got disconnected immediately. It was further stated by the complainant that after about one minute, he had received a call from another number i.e. ******9448 and the caller had introduced himself as customer care executive. It was alleged that by involving him into conversation, the caller had hacked
The judgment established the need to thoroughly investigate cyber-crimes, especially those involving financial and economic well-being, and emphasized the gravity of such offences.
The accused company had dishonestly induced the complainant to deliver property, constituting an offence under Section 420 IPC. The principles for quashing of FIR as laid down by the Hon'ble Apex Cou....
Quashing of FIR should be an exception and rarity, and the court cannot inquire into the reliability or genuineness of the allegations in the FIR.
The power to quash criminal proceedings should be exercised sparingly and only in exceptional cases, and the court cannot interfere with the investigation process unless there are exceptional circums....
The central legal point established in the judgment is the requirement for specific allegations justifying investigation, the caution against interfering with ongoing investigations, and the need for....
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