- 1 - HC-KAR CNR: KAHC010261552025 NC: 2026:KHC:51565 WP No. 14098 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION NO. 14098 OF 2025 (GM-RES) BETWEEN: 1. SHUBHANG S/O MUKESH KUMAR JAIN AGED ABOUT 26 YEARS, 2. MUKESH KUMAR JAIN S/O MILAP CHAND JAIN AGED ABOUT 59 YEARS, 3. REKHA W/O MUKESH KUMAR JAIN AGED ABOUT 54 YEARS, ALL ARE RESIDENTS AT NO. 8/40, 2ND FLOOR, SOHAN ROAD, SECTOR- 49, SOUTH END FLOORS, GURGAON POST, HARYANA - 122 018. …PETITIONERS (BY SRI. ASHOK K. SARAOGI, ADVOCATE FOR SRI. GOPAL C. JETLY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY DYSP OF CID, CYBER CRIME POLICE STATION, Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010261552025 NC: 2026:KHC:51565 WP No. 14098 of 2025 (SUBRAMANYANAGAR PS), BENGALURU BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING, DR.AMBEDKAR ROAD, BANGALORE - 560 001. 2. AKHIL GUPTA S/O. KESHAV GUPTA, MAJOR, OFFICE AT FLAT 1173, PHOENIX ONE, BANGALORE WEST, RAJAJINAGAR, BANGALORE - 10. 3. M/S. CIPHER TECHNOLOGIES PVT LTD., A PRIVATE LIMITED COMPANY, HAVING IT OFFICE AT FA/5, DDA SHOPING CENTRE, PHASE-II, MUNIRKA, NEW DELHI - 110 067. REGSITERED UNDER COMPANY ACT …RESPONDENTS (BY SRI. SURYA MUKUNDARAJ, APP FOR R1; SRI. ABHIMANYU DEVAIAH, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 482 OF THE CR.P.C PRAYING TO QUASHING OF THE FIR NO.48/2022 REGISTERED BY CID, CYBER CRIME POLICE STATION (SUBRAMANYANAGAR PS) REGISTERED DTD 28/4/22 UNDER SECTION 120 B, 403, 406, 408, 420, 34 OF IPC R/W OFFENCE UNDER SECTION 66(C), 66(D), 66(E) OF INFORMATION TECHNOLOGY ACT 2008, AT ANNEXURE-C AND FURTHER ENTIRE PROCEEDINGS IN CRIME NO. 48/2022 ON THE FILE OF 1ST ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU PRODUCED AT ANNEXURE-C ON SUCH TERMS AS THIS HON'BLE COURT MAY DEEM FIT AND PROPER AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010261552025 NC: 2026:KHC:51565 WP No. 14098 of 2025 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard. 2. During the course of hearing, a memo is filed by learned counsel petitioners. As per the memo, petition insofar as petitioner No.1 is dismissed keeping open the contentions to be urged insofar as petitioner No.1 is concerned in the event of filing adverse report against him and challenging the same in accordance with law. 3. Having heard the arguments of both the parties, this Court noted that the only allegation against petitioner Nos.2 and 3 who are the parents of petitioner No.1. 4. In the FIR itself allegation against petitioner Nos.2 and 3 is that they also assure to repay the amount said to have been siphoned away by petitioner No.1. 5. Assuming that petitioner No.1 has committed any siphoning as alleged by the complainant and if found to be true, then also, insofar as petitioner Nos.2 and 3 are concerned, no criminality can be attributed as they have undertaken to repay - 4 - HC-KAR CNR: KAHC010261552025 NC: 2026:KHC:51565 WP No. 14098 of 2025 the money in the event, if there is any proof of siphoning by petitioner No.1 which is more in the nature of guarantee which is a civil liability. 6. Therefore, proceedings cannot be continued insofar as petitioner Nos.2 and 3 are concerned. Further, very registration of the case insofar as petitioner Nos.2 and 3 has resulted in abuse of process of law calling for interference by this Court, by exercising the power vested in this Court under Section 482 of Cr.P.C. 7. Accordingly, the following: ORDER i. Placing the memo filed by learned counsel for the petitioners, petition insofar as petitioner No.1 is dismissed. ii. Further, petitioner No.1 is permitted to challenge the adverse report if any filed, after the investigation. - 5 - HC-KAR CNR: KAHC010261552025 NC: 2026:KHC:51565 WP No. 14098 of 2025 iii. All contentions are kept open to be urged during the course of investigation or if the adverse report is filed insofar as petitioner No.1 is concerned. iv. Petition insofar as petitioner Nos.2 and 3 are allowed. v. As such, FIR insofar as petitioner Nos.2 and 3 in Crime No.48/2022 dated 28.04.2022 registered by Subramanyanagar Police Station is hereby quashed. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 20