- 1 - HC-KAR NC: 2025:KHC:41980 CRL.P No. 11712 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11712 OF 2025 BETWEEN: BAISRUDDIN MONDAL, S/O HUMAUN KABIR MONDAL, AGED ABOUT 48 YEARS, R/AT ISLAMPUR, POST OFFICE- NADANGHAT, POLICE STATION- NADANGHAT, DISTRICT- PURBA BARDHAMAN, PIN CODE-713515. …PETITIONER (BY SRI ANINDITA CHAKRABOTY, ADVOCATE) AND: 1. STATE OF KARNATAKA, PREVIOUSLY BY CEN POLICE STATION, TUMKUR TOWN, KARNATAKA NOW BY CYBER CRIME POLICE STATION, CYBER CRIME DIVISION, CID DEPARTMENT, 1, CARLTON HOUSE, PALACE ROAD, BANGALURU-560 001, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 1. 2. SRINIVASU BATCHU, W/O LATE GAVARAYYA BATCHU, C/O LALITHA, AGED ABOUT 57 YEARS, R/AT- SHANKARA NILAYA, NEAR KASTURBA HOSPITAL, 10TH CROSS, SS PURAM, TUMKUR CITY, TUMKURU, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41980 CRL.P No. 11712 of 2025 KARNATAKA, PIN - 572102. …RESPONDENTS (BY SRI RAHUL RAI K, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE COMPLAINT DATED 12.05.2025 AND CONSEQUENTLY THE ENTIRE PROCEEDING FILED IN THE COURT OF THE I A.C.J.M BENGALURU RURAL DISTRICT BENGALURU SENIOR AGAINST THE PETITIONER IN CR.NO.39/2025 (ANNEURE-A). THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The petitioner is seeking to quash the complaint and FIR dated 12.05.2025 registered in Crime No.0039/2025 at Tumakuru CEN Crime Police Station, Tumakuru for the offences punishable under Sections 66(C), 66(D) of Information Technology Act, 2008 (for short 'IT Act') and Sections 318(4) and 319(2) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). 2. The complaint is lodged by one Srinivasu Batchu, on the basis of which aforementioned case was registered against unknown persons having Mobile - 3 - HC-KAR NC: 2025:KHC:41980 CRL.P No. 11712 of 2025 No.8714826883 sim user and others. In brief, it is alleged that the complainant has been cheated to the tune of Rs.3,83,89,800/- by unknown persons, who promised to sell the shares of some reputed Company and the said amount was received through online etc. 3. The petitioner is not specifically named as an accused in the FIR. The Police during the course of investigation has issued notice to the petitioner under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The said notice is issued to the petitioner for the purpose of investigation of the case. The contention raised by the learned counsel that the petitioner is innocent of the alleged offences etc cannot be accepted as it is too premature to arrive at any conclusion at this stage. The submission made by the learned counsel to stay the investigation or to issue a direction to the Police not to arrest the petitioner during the pendency of the investigation or to take no coercive steps, cannot be granted in view of the judgment of the Hon'ble Apex Court - 4 - HC-KAR NC: 2025:KHC:41980 CRL.P No. 11712 of 2025 in case of Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra1. The Statutory obligation of the Police to conduct investigation cannot be scuttled. There is not merit in this Petition. 4. Criminal Petition is dismissed. 5. In view of the disposal of the main petition, I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE GVP List No.: 1 Sl No.: 23 1 2021 (19) SCC 401