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SAMEER JAIN
Ram Singh S/o Kundan Singh – Appellant
Versus
State of Rajasthan – Respondent
Key Points: - The court affirmed that civil and criminal proceedings can coexist, and the registration of an FIR is not barred by the existence of civil disputes (!) (!) (!) . - The court emphasized the need for a specialized investigation into cybercrime allegations against BPCL by the Cyber Cell due to the nature of the crime (!) (!) (!) (!) . - The court found that the allegations pertain to a commercial fraud and white-collar crime, necessitating a thorough investigation [p_16.5] (!) (!) (!) . - The court dismissed petitions for quashing FIRs, affirming the legitimacy of the criminal proceedings initiated against the accused [p_18.1][p_18.4][p_18.10] (!) (!) . - The court noted that the crime alleged in the matter pertains to a cybercrime, involving offenses under the Information Technology Act, 2000 (!) (!) . - The court highlighted that the prayer in the civil suit pertains to the ascertainment of exact liability/recovery, whereas criminal proceedings demand punitive action for alleged fraud (!) . - The court found that the judgments relied upon by the petitioners pertained to different factual matrices and did not align with the issue of cybercrime on a public sector company (!) . - The court observed that the books of accounts and notices reflected a shortage of amount on the part of the petitioners-accused, and they did not deny this fact (!) (!) . - The court directed that the matter be referred to the cyber cell/competent authority in terms of Section 78 of the IT Act (!) . - The court stated that it is not inclined to initiate a mini-trial or draw any presumption at the stage of investigation (!) .
JUDGMENT :
SAMEER JAIN, J.
1. A present bunch of petitions, sharing identical factual matrix and grounds, are filed before this Court. In one of the petition nos. 6799/2023, titled as Ravindra Pal Singh Vs. State of Rajasthan, filed under Section 482 of Cr.P.C. before this Court, with a prayer to transfer the investigation to the cyber cell for fair, independent, and efficacious investigation. Moreover, the abovementioned prayer is made by the Bharat Petroleum Corporation Limited (BPCL) a public sector company, through its Competent Officer (complainant) whereas, the connected bunch of petitions in the instant matter are filed with a prayer to quash the FIR, on the ground that civil/contractual matters are given a color of criminal jurisprudence wherein, criminal proceedings are initiated.
2. With consensus of the parties, SBCRLMP No. 4394/2023 titled as Ram Singh Vs. State of Rajasthan, is designated as a lead file, accordingly the instant bunch of petitions are taking up for final disposal.
3. The nitty-gritty of the instant matter is that the public sector company Bharat Petroleum Cooperation Limited (for short “BPCL”) which, for the benefit of its customers, through a marketing sch
The court affirmed that civil and criminal proceedings can coexist, emphasizing the need for a specialized investigation into cybercrime allegations against BPCL.
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Criminal conspiracy in terms of Section 120-B of the Code is an independent offence. It is punishable separately.
The court affirmed that a party only involved in a civil contract cannot face criminal liability unless it directly transacted or misappropriated funds, supporting the need for a clear distinction be....
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