THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.13964 OF 2025

ORDER:

This Criminal Petition is filed by the petitioner-accused No.2 seeking to quash the proceedings against him in Crime No.25 of 2024 on the file of Cyber Crime Police Station, TS Cyber Security Bureau, registered for the offences under Section 66D of the Information Technology Act, 2008 and Sections 506, 382, 342, 370, 419, 420 and 120B of I.P.C.

2. Heard Smt. D. Nageswari, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1-State.

3. The case of the prosecution is that the petitioner is alleged to have taken money from the de facto complainant by promising that he would facilitate a job visa to African countries.

4. Learned counsel for the petitioner submitted that the allegations in the complaint are false and that the petitioner is a travel agent and he has organized the travel of respondent No.2- de facto complainant, to abroad. She further submitted that the de facto complainant went abroad, worked there and after returning to India, he filed the present false complaint against the petitioner. She further submitted that the offence is alleged to have occurred in the year 2024 i.e., on 20.01.2024, when the de facto complainant went to Cambodia. She further submitted that the de facto complainant has lost his passport, as elicited from the record and that is the reason for his return from Cambodia and that he is making false allegations against the petitioner herein. She, therefore, prayed to quash the proceedings in the present crime against the petitioner.

5. Learned Additional Public Prosecutor submitted that the petitioner is alleged to have taken money from the de facto complainant to arrange interaction with the foreign agents to fetch a job in African countries. Thereafter, the de facto complainant was sent to work at Cambodia. But, after reaching there, he could realize that his services were employed in a call centre and after joining the said call centre, he came to know that it was involved in many scams. He further submitted that the allegations attract the offences alleged against the petitioner. He, therefore, prayed to dismiss the Criminal Petition.

6. Perused the record.

7. The contents of the complaint point out that the petitioner herein is a travel agent and is alleged to have promised the de facto complainant that he would arrange him visa and flight tickets to go abroad and further, asked him to pay some amount. Accordingly, the de facto complainant has paid Rs.65,000/- in cash to the petitioner and he arranged visa and flight ticket to the de facto complainant to travel to Cambodia. As soon as the de facto complainant reached Cambodia on 21.01.2024, one person by name Salam received him and took his passport. On joining the duty at the company, he realized that the Chinese were organizing call centres and cheating Indian persons and doing many scams. Thus, he refused to work there and since his passport was in the custody of one Salam, he approached the Indian Embassy for passport. With his own efforts, he reached India. Thus, the allegations prima facie point out the offences alleged under Sections 66D of Information Technology Act and Sections 506, 382, 342, 370, 419, 420 and 120B of I.P.C. against the petitioner. The petitioner’s counsel contended that the petitioner has arranged visa as promised and that the de facto complainant has returned to India as he lost his passport. While the de facto complainant on the other hand alleges that his passport was taken by one person by name Salam and that on his approach to the Indian Embassy stating that he lost his passport, he could find way back to India. The truth or otherwise in the allegations are subject matter of trial. The investigation is still in progress. It is not proper to interfere with the investigation process at this stage. Hence, it is opined that the Criminal Petition lacks merit.

8. Accor