- 1 - NC: 2025:KHC:13527 CRL.P No. 6444 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 6444 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MR AKHIL KUMAR G @ AKHIL KUMAR GUNDA, AGED ABOUT 32 YEARS, S/O AMARNATH GUNDA. 2. MRS. NISHIKA GEHLOT, AGED ABOUT 26 YEARS, W/O. MR. AKHIL KUMAR.G @ AKHIL KUMAR GUNDA. BOTH ARE RESIDING AT VILLA NO.08, EDEN GARDEN, SUSHEELA REALTY, SURVEY NO.145, M. KOKAPET VILLAGE ROAD, GANDIPET, HYDERABAD, TELANGANA - 500 075. …PETITIONERS (BY SRI. M.M. ASHOKA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SOUTH EAST CEN CRIME POLICE STATION BANGALORE, REPRESENTED THROUGH THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. PAMIDIMUKKALA NAGARAJA, S/O P. SRINIVASA RAO, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:13527 CRL.P No. 6444 of 2022 AGED ABOUT 40 YEARS, HOUSE NO.109, 13TH MAIN, 5TH SECTOR, BANGALORE CITY, KARNATAKA. …RESPONDENTS (BY SRI. RAJAT SUBRAMANYAM, HCGP FOR R1) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO 1) QUASH THE PROCEEDINGS IN FIR NO.179/2022 OF SOUTH EAST CEN CRIME P.S., BENGALURU ON THE FILE OF I ADDL.C.M.M., BENGALURU HOLDING THAT ITS CONTINUATION WOULD AMOUNT TO ABUSE OF PROCESS OF LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Registration of FIR in Crime No.179/2022 at South East CEN Crime Police Station for offence punishable under Sections 66(C), 66(D) and 72(A) of the Information Technology Act, 2000, is called in question in this petition, preferred under Section 482 of Cr.P.C. 2. The first informant by name Pamidimukkala Nagaraja, lodged a complaint with the respondent police alleging that the complainant availed a loan of Rs.7,000/- - 3 - NC: 2025:KHC:13527 CRL.P No. 6444 of 2022 through loan apps called "Quick Credit" and "GAKE" and even after repaying the loan, he was coerced into engage in illegal activities. When he refused, the accused misused his Aadhaar, PAN, and photographs to defame him. It is further alleged that accused through "Small Loan App" and Star Capita" apps, provided loans to the public but later harassed borrowers, misused the personal data, created obscene content, and circulated it via WhatsApp, causing distress to them. 3. The learned counsel for petitioners' would contend that the petitioners' were the directors initially, but subsequently, they ceased to be the directors. The first informant is a stranger to them. The complaint is false, frivolous and motivated and therefore, continuation of criminal proceedings, initiated based on such a complaint is liable to be quashed. He contended that the petitioners' were arrested without issuing notice to them and therefore, the entire proceedings are vitiated. - 4 - NC: 2025:KHC:13527 CRL.P No. 6444 of 2022 4. Learned High Court Government Pleader has contended that serious allegations are made, which has to be investigated and since the investigation is at the inception, the relief sought in the petition cannot be granted. 5. It is alleged that the first informant availed a loan of Rs.7,000/- from an online app i.e, "Quick Credit and Gake" and even though he repaid the amount, the accused who had access to his Aadhar card, Pan card and photographs, misused the same and committed the above offences etc. 6. The contention of learned counsel that the complaint is false and frivolous etc., cannot be accepted at this stage, since the investigation is at the initial stage. The contention that the arrest was made without issuance of notice is also not a ground to quash the entire proceedings. It is submitted by the learned counsel that, on that ground the petitioner was enlarged on bail. - 5 - NC: 2025:KHC:13527 CRL.P No. 6444 of 2022 7. It is the case of petitioners' that they were the directors only initially and later ceased to be the directors etc. They can bring the said fact to the notice of investigation officer by placing the relevant documents. The prerogative of the police to conduct investigation into the allegations made in the complaint cannot be interfered with. The investigation officer shall conduct a fair investigation and file an appropriate report. There is no merit in the petition. Accordingly, petition is dismissed. I.A.No.1/2024 shall stand disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE PK List No.: 1 Sl No.: 1 CT: BHK