Karnataka HC Quashes Case Against Six More Accused In Alleged OTP Call-Centre Scam After Supreme Court Declined To Interfere With Earlier Quashing

In brief

The question

Whether continuation of the criminal proceedings against the petitioners, after the Co-ordinate Bench had quashed proceedings against other accused in the same case and the Supreme Court had declined to interfere, would amount to an abuse of process.

The court held

The Court allowed the petition and quashed the proceedings in C.C. No. 29575 of 2022 arising out of Crime No. 453 of 2022, pending before the XLVII Additional Chief Judicial Magistrate, Bengaluru, insofar as they concerned the petitioners.

01Facts

The six petitioners, arraigned as accused Nos. 4, 13, 20, 21, 31 and 32, sought quashing of proceedings in C.C. No. 29575 of 2022 arising from Crime No. 453 of 2022.

pp. 3–4

The case alleged offences under Sections 66, 66(B), 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.

pp. 3–4

The petitioners relied on an earlier Co-ordinate Bench order quashing proceedings against other accused in the same case; the State’s challenge to that order was dismissed by the Supreme Court.

pp. 4–9

The High Court considered whether proceedings against the present petitioners should likewise be quashed.

¶ 4 · p. 9

02Issues

i.Whether continuation of the criminal proceedings against the petitioners, after the Co-ordinate Bench had quashed proceedings against other accused in the same case and the Supreme Court had declined to interfere, would amount to an abuse of process.

¶ 4 · p. 9

ii.Whether the proceedings in C.C. No. 29575 of 2022 should be quashed insofar as the petitioners are concerned.

¶ 5 · pp. 9–10

03Law Applied

The petition was brought under Section 482 of the Code of Criminal Procedure, 1973, corresponding to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which empowers the High Court to prevent abuse of the process of court and secure the ends of justice.

p. 3

The Court applied the principle that criminal proceedings may be quashed where their continuation, in the circumstances of the case, would constitute an abuse of process.

It relied on the Co-ordinate Bench’s decision quashing proceedings against other accused in the same case and noted that the Supreme Court had dismissed the State’s special leave petition against that decision.

pp. 4–9

Provisions in the judgment · 8 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 482 Section 319

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

Information Technology Act, 2000 Section 66

Indian Penal Code, 1860 Section 201 Section 419 Section 420 Section 149

04Reasoning

The Court treated the earlier quashing order as material to the petitioners’ case because it concerned the same criminal proceedings, and noted that the Supreme Court had declined to interfere with that order.

pp. 4–9

In light of those decisions, the Court concluded that allowing proceedings to continue against the present petitioners would amount to an abuse of process.

¶ 4 · p. 9

The judgment did not separately assess the evidence or individual role of each petitioner.