Proceedings can be quashed when there is no prima facie evidence linking the accused to the alleged offenses, preventing an abuse of the legal process.

ORDER:

This Criminal Petition is filed seeking to quash the proceedings against the petitioner/accused No.14 in Crime No.33 of 2024 of Cyber Crime Police Station, TSCSB (TS Cyber Security Bureau), registered for the offences punishable under Sections

318, 319 and 338 of BNS and Section 66D of IT Act – 2008.

2. The brief facts of the case are that respondent No.2/de facto complainant on 21.10.2024 lodged a complaint before the Cyber Crime Police Station alleging online financial fraud amounting to Rs.8,14,98,621/-. He stated that in July 2024, he received a WhatsApp message from one Melanie Lyons (SIG Group) and joined a group named "SIG Trading," where trading tips and IPO-related information were shared. He further stated that he was influenced by the group admins, including Eric Robertson and Melanie Lyons, joined a fake trading app named "RK Global" and was added to a customer care group and that he was lured into investing in block trades and IPOs through so-called institutional accounts, under the assurance of guaranteed allotments and profits. From 16.07.2024 to 03.10.2024, he made multiple fund transfers totaling Rs.8.14 crores to various accounts provided by the accused. Although one withdrawal of Rs.2,000/- was successful, further attempts to withdraw profits failed. On contacting customer support, he was asked to pay additional amounts under the pretext of taxes, SEBI inspections, and irregularities. Despite transferring further sums, including Rs.75 lakhs claimed to be part of a loan for resolving issues, he was continuously asked to pay more, leading him to suspect fraud. On 18.10.2024, he filed a complaint via the cybercrime helpline. The transactions were made from his ICICI and Axis Bank accounts to several bank accounts under different names, and screenshots of these transactions were attached to the complaint.

3. Basing on the said complaint the Police registered a case in Crime No.33 of 2024 before the Crime No.33 of 2024 of Cyber Crime Police Station, TSCSB (TS Cyber Security Bureau), for the offences punishable under Sections 318 , 319 and 338 of BNS and Section 66D of IT Act – 2008. Aggrieved thereby, the petitioner/accused No.14 filed the present criminal petition to quash the proceedings against him.

4. Heard Sri Yogesh Kumar Heroor, learned counsel appearing on behalf of the petitioner as well as Sri M. Vivekananda Reddy, learned counsel appearing on behalf of respondent No.1 – State. Though notice served upon respondent No.2,none appeared on his behalf.

5. Learned counsel for the petitioner submitted that the FIR does not disclose any offence against the petitioner, who is arrayed as accused No.14 and that there is no mention of his name in the complaint, nor is there any allegation suggesting his involvement or any nexus with the other accused. He further submitted that the petitioner is a practicing Chartered Accountant based in Gujarat and has never met or communicated with the complainant in any manner, either directly or indirectly and that even the remand report and the statements recorded during investigation do not attribute any role or act to the petitioner, and there is no material to indicate any common intention to commit the alleged offences.

6. Learned counsel for the petitioner contended that that the petitioner had never visited Hyderabad during the period of the alleged offence and has no connection with the alleged transactions and that the implication of the petitioner appears to be baseless, without any supporting evidence, and is only intended to harass and pressurize him, amounting to an abuse of the legal process.

Therefore, he prayed the Court to quash the proceedings against the petitioner by allowing this criminal pet