VISHAL PRABHUDAS PARVAN @ PARMAR VISHAL PRABHUDASBHAI vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:60856
CRL.P No. 12434 of 2026
CNR: KAHC010562312026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO.12434 OF 2026
(482(Cr.PC) / 528(BNSS))
BETWEEN:
1. VISHAL PRABHUDAS PARVAN @
PARMAR VISHAL PRABHUDASBHAI,
S/O. PRABHUDAR PAI PARVAN,
AGED ABOUT 27 YEARS,
RESIDING AT NO. 302, ASAMOULA PLAZA,
NEAR SPICE MARKET, WHITE FIELD,
BENGALURU,
ALSO AT NO. 201, GOWTHAM RESIDENCY,
SAINIK SOCIETY, NEAR NAGESHWAR TEMPLE,
RAJKOT, GUJARATH – 360 006.
Digitally signed
by RAKESH S
HARIHAR
Location: High
Court of
Karnataka,
Dharwad Bench
2. KARAN LADANI @ KARAN VALLABHDAS LADANI,
S/O. VALABH DAS LADANI,
AGED ABOUT 32 YEARS,
RESIDING AT NO. 26(D) TOWER IPHONE 26,
HABITAT CRIST APARTMENT, ITPL MAIN ROAD,
TIGALARA PALYA, BENGALURU CITY,
ALSO AT
NO. B-24, SOMESHWARA COMPLEX,
SHYAMAL CROSS ROAD, SATELLITE,
AHEMADABAD, GUJARATH – 380 015.
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3. ALPESH @ ALPESH KUMAR SHAH,
S/O. HASMUKHALAL SHAH,
AGED ABOUT 52 YEARS,
C/95, SARVODA SOCIETY, VIBHAGH-1,
OPPOSITE KALUPUR COOP BANK, GHATLODIA,
AHEMADABAD CITY, GUJARATH – 380 061.
4. MAUNESH @ MAUNESHBHAVINKUMAR SHAH
S/O. BHAVIN KUMAR SHAH,
AGED ABOUT 34 YEARS,
NO. 32, GIRI KANDRA RANGKUNJ SOCIETY,
OPPOSITE SUMAN HIGH SCHOOL, NARANPURA
CROSS ROAD, AHEMADABAD CITY, GUJARATH –
380 013.
5. SRIJI FINANCE @ SHREEJI FINANCE,
R/BY SONAL SHAH, W/O. ALPESH KUMAR,
AGED ABOUT 51 YEARS,
C-95, SARVODA SOCIETY -1, BHUYANGDEV
CHAR RASTA, OPPOSITE KALUPUR BANK,
GHATLODIA,
AHEMADABAD CITY, GUJARATH – 380 061.
6. MOHAN FOREX @ SHREE MOHAN MONEY
EXCHANGERE AND CONSULTANTS PRIVATE
LIMITED,
S/O BHAVIN KUMAR SHAH,
R/BY ITS DIRECTOR,
MR. MAUNESH BHAVIN KUMAR SHAH,
AGED ABOUT 34 YEARS,
NO. 32, GIRI KANDRA RANGKUNJ SOCIETY,
OPPOSITE SUMAN HIGH SCHOOL,
NARANPURA CROSS ROAD, AHEMADABAD CITY,
GUJARATH – 380 013.
…PETITIONERS
(BY SRI. KIRAN M. M., ADVOCATE)
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AND:
1. STATE OF KARNATAKA BY
SHO, WHITEFIELD PS, BENGALURU - 560 053,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE-560 001.
2. SRI. VINOD KUMAR B.,
AGED ABOUT 30 YEARS,
POLICE SUB-INSPECTOR,
MAHADEVAPURA POLICE STATION,
BENGALURU CITY – 560 066.
…RESPONDENTS
(BY SMT. DEEPTI ALVA, HCGP FOR RESPONDENT/STATE)
THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS)
PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS
INITIATED BY RESPONDENT POLICE AGAINST THIS
PETITIONER NOs.1 TO 6 HEREIN WHO HAVE BEEN
ARRAIGNED AS ACCUSED NOs.4, 13, 20, 21,31,32 IN
CC.NO.29575/2022 ARISING OUT OF CR.NO.453/2022
REGISTERED BY THE 1st RESPONDENT WHITE FIELD CEN
CRIME P.S., PENDING BEFORE THE XLVII ADDITIONAL
CHIEF JUDICIAL MAGISTRATE, BENGALURU, FOR THE
ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 66,
66(B), 66(C), 66(D) OF INFORMATION TECNOLOGY ACT,
2000, AND SECTIONS 120(B), 201, 419, 420 R/W 149 OF
INDIAN PENAL CODE.
THIS CRIMINAL PETITION, COMING ON FOR FRESH
MATTER/S THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
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CRL.P No. 12434 of 2026
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ORAL ORDER
1. The petitioners, who are accused Nos.4, 13, 20,
21, 31 and 32, are before this Court, calling in question the
proceedings in C.C. No.29575 of 2022, registered for the
offences punishable under Sections 66, 66(3), 66(C) and
66(D) of the Information Technology Act, 2000 and
Sections 120(B), 201, 419 and 420 read with Section 149
of the Indian Penal Code.
2. The learned counsel appearing for the petitioners
submits that the proceedings against the co-accused were
quashed by the Co-ordinate Bench in Criminal Petition
No.8975 of 2022 connected with Criminal Petition No.8708
of 2022, by order dated 13.01.2023. The same reads as
follows:
“7. Having heard the learned counsel for the
petitioners and learned SPP for the state and perused the
records. On perusal of the complaint made by the
Mahadevarpura police before Whitefield CEN police which
is registered in Crime No.453/2022 at 12 p.m. on
08.07.2022 and the complaint made by the Whitefield
police before the same Whitefield CEN police at 12.30
p.m., which is registered in Crime No.454/2022 for the
same offences against the same company called Ethical
Infotech Pvt. Ltd. though two branches were situated, at
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Gayathri Tech Park building at Whitefield as well as at
Mahadevapura at 23 & 24 of Silver Soft Techpark. The
complaint is one and the same, where the police raided
two places by different police team and they have seized
vehicles, mobile phones, computers, pen drives, cash,
etc., including the foreign currency notes. Ofcourse the
police have filed charge sheet in respect of Crime
No.453/2022 and no charge sheet has been filed in Crime
No.454/2022, but the allegation against the Ethical
Infotech Company Pvt. Ltd. is one and the same.
8. It is alleged in both the complaint, that the
company is a fake company and it was involved in
cheating business by calling the American Citizens
through mobile phones and used to inform that they have
ordered for some goods and they can go and collect them
from Amazon by producing the OTP/password numbers
and if the customers inform they have not placed any
order for purchasing the goods, then the accused used to
inform they are entitled for gift coupons and if they do not
want to receive the gift coupons, they can release the
same by giving OTP. Thereafter, if the customer given
OTP number then the accused company used to draw
amounts from the customers account. This is the sum and
substance of the allegation made against the Infotech
Company Pvt. Ltd., The police investigated the matter in
Crime No.453/2022 and filed charge sheet. They
reiterated the same in the charge sheet, stating that the
accused company involved in cheating the people which is
a fake call centre. On the other hand, the counsel for
petitioners produced the documents to show the company
is registered and it has Directors, Managing Directors
running the business and contended that because of filing
the criminal petition for quashing FIR and complaint, they
have not filed any application for releasing the
documents. However, some of the accused persons were
in custody and they have been released on bail. The
entire business has been seized by the police, therefore
they are unable to do the business. However, the learned
counsel for the petitioner contended that accused No.1
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who is only employee of the company was appointed by
the Ethical Infotech Company. Admittedly, the police even
though filed the charge sheet as well as registered FIR in
both the case, but the police not made the company as
prime accused. Though they have filed charge sheet
against Directors and employees of the company,
including travel agent who let out the vehicle to the
company for picking up the employees from these
company and dropped employees from company to
house. Ofcourse, the charge sheet reveals the accused
persons had employed so many people from North India,
however, there is no direct allegation against accused
No.1 who is only employee of the company. He has
nothing to do with the affairs of the company, as he is not
the Managing Director, Directors of the company in order
to receive any profit over the company's business. It is
not in dispute the accused No.1/Rishi Vyas was only an
employee of the company and he is not connected with
any of the affairs of the company.
9. That apart, another accused namely Syed
Ibrat said to be a travel agent who lent the cars to the
company by receiving the rent for the purpose of picking
up and dropping of the employees of the company on
rental basis. Even otherwise, there is no evidence
collected by the police, in order to show he is involved in
the cheating business of the Ethical Infotech company and
one Rishab who is a stranger to the company there is
absolutely nomaterial against him in order to connect with
the crime and the accused/Rishab who is made as
accused in both the cases. Except accused No.7 Jatiya
Kishan Hirabai Bin Hirabai who is one of the Directors of
the Ethical InfoTech Company, as held above, the
allegation is bald and vague allegation that the Infotech
Company is a fake call centre earning money by cheating
the people. Admittedly, as held by the learned counsel for
the petitioners, the main company Ethical Infotech Pvt.
Ltd., was not made as an accused in both the cases.
contended that the police Ofcourse learned SPP has
taking action to file an application under Section 319 of
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Cr.P.C for impleading company as accused and if any such
application is filed by the prosecution that has to be
considered by the Magistrate. However, at present the
company is not made as an accused, as only one Director
of the company made as accused before court and the
accused No.1 is admittedly employee of the company and
another accused is a travel agent who lent the vehicle to
the company andone stranger who has nothing to do with
the company, is made as an accused.
10. That apart, out of these two volume of
charge sheet, the police not produced any single evidence
against these petitioners to show these accused persons
are involved in running the fake call centre and collected
money from any of the public either Citizen of India or
Citizens of America. Simply they have seized all the
materials, cash, cars, mobile phones, laptop but
absolutely there is no incriminating material to connect
the accused with the crime, in order to show the
petitioners intentionally involved in the commission of
cheating or fabricating the documents or snatched the
cash belonging to any of the customers.
11. That apart, absolutely there are no victims or
any complaint made by any of the public who have been
actually cheated by these petitioners. Merely seizing some
mobile phones from the place of business by the police by
raiding on 8.7.2022, that itself cannot constitute
anyoffence against these petitioners, in order to initiate
proceedings and conduct trial to show they have
impersonated any of the victim and cheated any of the
general public at large. Therefore, I am of the view, that
the police wants to further investigate the matter and
they have liberty to investigate the matter further. They
can file the additional charge sheet against the actual or
real culprit. But at present, absolutely, there is no
evidence against these accused persons for any of the
offences committed. Though the judgment relied by
learned SPP of the Hon'ble Supreme Court in the case of
State of Bihar Vs Anil Singh alias Anil Kumar Singh and
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Others in 2021 SCC Online sc 1294 and other cases, it is
well settled by Hon'ble Supreme Court in catena of
decisions that when there is no material placed on record
and no case is made out against the accused for framing
of charge, conducting criminal proceedings is abuse of
process of law and the court can exercise the power
under section 482 of Cr.P.C and quash the criminal
proceedings. Otherwise, there will be miscarriage of
justice, thereforethe judgment relied upon by SPP is not
applicable to case on hand as absolutely there is no
material specifically made out against accused persons for
having committed any of the offences alleged in both the
Crime Nos. 453/2022 and 454/2022 registered by the
CEN police and charge sheeted. Therefore, I am of the
view, the criminal proceedings against these
petitioners/accused persons requires to be quashed.
Accordingly, both Crl.P.No.8975/2022 and
Crl.P.No.8708/2022 are allowed.
Consequently, the criminal proceedings against
petitioners/accused Nos.1, 8 and 16 in
C.C.No.29575/2022 pending on the file of I ACMM,
Bengaluru, registered by Whitefield CEN police in Crime
No.453/2022 and in Crime No.454/2022 registered by the
Whitefield CEN police against accused Nos. 1, 7, 6 and 11
are hereby quashed.”
3. The said quashment comes to be challenged by
the State before the Apex Court in a Special Leave Petition
in SLP (Criminal) Dairy No(s).31312 of 2023, which came
to be dismissed by the following order:
“Delay condoned.
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We are not inclined to interfere with the impugned
judgment and order passed by the High Court. The special
leave petitions are, accordingly, dismissed.
Pending application(s) shall stand disposed of.”
4. In the light of the quashment of the proceedings
against accused No.1, the said quashment having been
challenged before the Apex Court and the Apex Court
having dismissed the SLP. In view of the plethora of orders
passed by the Co-ordinate Benches quashing the
proceedings against the other accused, permitting further
proceedings against the present accused would amount to
an abuse of the process of law.
5. For the aforesaid, the following:
ORDER
(i) The criminal petition is allowed.
The proceedings in C.C. No.29575 of 2022
(ii)
arising out of Cr. No.453 of 2023
registered by respondent No.1, White Field
CEN Crime P.S. pending on the file of the
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XLVII Addl. Chief Judicial Magistrate,
Bangalore is hereby quashed insofar as the
present petitioners are concerned.
Sd/-
(M.NAGAPRASANNA)
JUDGE
VNP/CT: ASC
List No.: 19 Sl No.: 4