- 1 - HC-KAR NC: 2026:KHC-D:1852 WP No. 109199 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA WRIT PETITION NO. 109199 OF 2025 (GM-RES) BETWEEN: 1. PREETESH S/O NAVEENCHANDRA PATEL, AGE: 31 YEARS, OCC: SERVICE R/O: G-401, VAISHNAVODEVI CIRCLE, TQ/DIST.: AHMEDABAD, GUJARAT. PIN: 38001 2. ASHUTOSH S/O VIJAYAKUMAR JHA, AGE: 26 YEARS, OCC: SERVICE, R/O: H-50, BUDH VIHAR, PHASE-1, NEW DELHI. PIN: 110002. 3. AMIT S/O RAJU BHAY GUPTA, AGE: 22 YEARS, OCC: SERVICE, R/O: 46, NIRMAL SOCIETY, ISANPUR, TQ/DIST.: MANINAGAR, AHMEDABAD, GUJRAT PIN: PIN: 38001 4. KARAN S/O BAHADURSINGH RAJPUT, AGE: 36 YEARS, OCC: SERVICE, R/O: 356, USHAKIRANA SOCIETY, VASTRAL, TQ/DIST.: AHMEDABA, GUJARAT. PIN: 38001 5. HARIKISHNA S/O VISHNUPASAD UPADHYAYA, AGE: 30 YEARS, OCC: SERVICE, R/O: A-301, SUNRISE HOME, BEHIND CAMBO HEIGHTS, TQ/DIST.: NAROL LAMBA CANAL ROAD, AHMEDABAD, GUJARAT. PIN: 38001 6. SURAJ S/O RAMKEERAT YADAV, AGE: 25 YEARS, OCC: SERVICE, R/O: JANA KA COLONY, LALJI PADA, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.13 15:47:58 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1852 WP No. 109199 of 2025 TQ/DIST.: NEW LINK ROAD, KANDIVALI (WEST), MUMBAI, MAHARASTRA. PIN: 400001. 7. SURENDRA S/O GANAPATI RAJPUT, AGE: 27 YEARS, OCC: SERVICE, R/O: A- WING 301, KAMAL MANDIR APARTMENT, MAVEL PADA, VASAI (WEST) DIST. MUMBAI, MAHARASTRA. PIN:400001. 8. ROHAN S/O DOODHNATH YADAV, AGE: 26 YEARS, OCC: SERVICE, R/O: D- WING 303, YEDERD, TQ/DIST.: MAHARASHTRA. PIN: 400001. 9. PUSHPARAJU SWAMY S/O. MURAGHAN AGE: 26 YEARS, OCC: SERVICE, R/O: CHEMBUR CAMP, MAHUL VILLAGE, CHEMBUR, TQ/DIST.: MUMBAI, MAHARASHTRA. 10. CHRISTOPHER S/O ALPASO PETER, AGE: 29 YEARS, OCC: SERVICE, R/O: JAI HINDU NAGAR, SHANKAR DEOLA VASINAKA TQ/DIST. CHEMBUR, MUMBAI. PIN: 400001. 11. VISHAL S/O VIJAYAN PANNEKAR, AGE: 27 YEARS, OCC: SERVICE, R/O: LADINAKA, AMBEMATH (WEST), TQ/DIST.: THANE, MAHARASHTRA. PIN: 400001. 12. PUSHPENDRA SINGH S/O GOPAL SINGH SHEKHAVATH, AGE: 25 YEARS, OCC: SERVICE, R/O: 154, PAWANMATRA JI COLONY, KARANI PALACE ROAD, VAISHALI NAGAR, TQ/DIST.: JAIPUR, RAJASTHAN. PIN: 302001. 13. LOKENDRA SINGH S/O RAJENDRA SINGH TAWARA, AGE: 29 YEARS, OCC: SERVICE, R/O: PLOT.NO. 9, SINGHBHOOMI, - 3 - HC-KAR NC: 2026:KHC-D:1852 WP No. 109199 of 2025 TQ/DIST.: KHATIPURA, JAIPUR, RAJASTHAN. PIN: 302001. 14. NITISHSINGH S/O NIRANJANSINGH, AGE: 26 YEARS, OCC: SERVICE, R/O: CLIP COLONY, DANAKETI SHILANG-793003. 15. NIKHIL S/O DHANSINGH MEHTA, AGE: 24 YEARS, OCC: SERVICE, R/O: C-WING 202, SAI AALA APT, NALASOPARAR (EAST), TQ/DIST.: MUMBAI, MAHARASHTRA. PIN: 400001. 16. ABHISHEK S/O BALBHIRSINGH RATHOD, AGE: 28 YEARS, OCC: SERVICE, R/O: VILLAGE BALERUPI, TEHSIL, JOGENDRA NAGAR, TQ/DIST.: MANDI, HIMACHAL PRADESH. PIN:172001 17. SUBRANEEL BHADRA, LATE DEBASHISH BHADER AGE: 28 YEARS, OCC: SERVICE, R/O: 105/1, ADNAN NAGAR ROAD, SUNCITY COMPLEX, BLOCK-Е, TQ/DIST.: CULCUTTA, WEST BENGAL. PIN: 700001 18. JITENDRA SINGH S/O SARVESH SINGH, AGE: 28 YEARS, OCC: SERVICE, R/O: BRAMHEPUR SAIBABAD, GHAZIABAD, STATE: UTTARPRADESH. PIN: 201001 19. NAVEEN KUMAR S/O VIJAYVARMA VARMA, AGE: 22 YEARS, OCC: SERVICE, R/O: MARWADI MAULA BHATTA, TQ/DIST.: JHARKHAND. PIN: 828111 20. AKARSHAN KUMAR S/O RAMDEEN SHAHI, AGE: 22 YEARS, OCC: SERVICE, R/O: PARVRIYA VILLAGE, BHATRA, TQ/DIST.: JHARKHAND. PIN:828111 - 4 - HC-KAR NC: 2026:KHC-D:1852 WP No. 109199 of 2025 21. RAHUL KUMAR S/O BABULAL SAHI, AGE: 29 YEARS, OCC: SERVICE, R/O: PARVRIYA VILLAGE, BHATRA, TQ/DIST: JHARKHAND. PIN: 828111. 22. PARVEJ S/O SAYYAD ASLAM, AGE: 32 YEARS, OCC: DRIVER, R/O: VASHI, TQ/DIST.: NAVI MUMBAI. PIN: 400001. 23. AJITH KUMAR S/O BASDEV MEHTA, AGE: 32 YEARS, OCC: SERVICE, R/O: HAZARIBAGH, TQ/DIST.: JHARKHAND. PIN: 828111 24. DARMENDRA KADIYA, AGE: 32 YEARS, OCC: SERVICE, R/O: APOLLO KHADIYA, RAIPUR, TQ/DIST.: AHMEDABAD, GUJARAT. PIN: PIN:38001. 25. DARSHAN S/O VISHNU KADAM, AGE: 29 YEARS, OCC: SERVICE, R/O: GANDHINAGAR, LALJI PADA, NEW LINK ROAD, TQ/DIST.: KANDIVALI (WEST), MUMBAI. PIN: 400001. 26. SURAJ S/O. AMOD RIJA, AGE: 25 YEARS, OCC: SERVICE, R/O: MOTINAGAR CITY, TQ/DIST.: MEGHALAYA. PIN: 793001. 27. PANKAJA S/O. KRISHNA TAMANGA, AGE: 26 YEARS, OCC: SERVICE, R/O: VAGALA ESTATE, TQ/DIST.: THANE, MAHARASHTRA. PIN: PIN:400001. 28. LAKSHAY S/O. RAJESH SHARMA, AGE: 29 YEARS, OCC: SERVICE, - 5 - HC-KAR NC: 2026:KHC-D:1852 WP No. 109199 of 2025 R/O: HOUSE NO. 1706, TQ/DIST.: RAMANAGAR, DELHI. PIN: 110002. …PETITIONERS (BY SRI. M.L. VANTI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY PSI CITY CEN POLICE STATION BELAGAVI, TQ/DIST.: BELAGAVI.PIN.590016. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD BENCH-580001. 2. ASSISTANT SUB INSPECTOR CYBER CRIME POLICE STATION BALAGAVI. PIN.590016. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD BENCH-580001. …RESPONDENTS (BY SMT. KIRTILATA R. PATI, HCGP FOR R1;) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, WHEREFORE, THE PETITIONERS MOST RESPECTFULLY PRAYS THAT THE COURT BE PLEASED TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE COMPLAINT AND FIR AGAINST THE PETITIONERS/ACCUSED NO.1 TO 28, IN BELAGAVI CITY CEN POLICE STATION CRIME NO.89/2025 REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 319(2), 187, 48, 49, AND 111 OF THE BHARATIYA NYAYA SANHITA, SECTIONS 66(C), 66 (D), AND 75 OF THE INFORMATION TECHNOLOGY ACT, 2000, AND SECTION 42 OF THE TELECOMMUNICATION ACT PENDING ON THE FILE OF THE JMFC-III, COURT BELAGAVI. - 6 - HC-KAR NC: 2026:KHC-D:1852 WP No. 109199 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. M. L. Vanti, learned counsel for the petitioners and Smt. Kirtilata R. Patil, learned High Court Government Pleader for the respondent. 2. Petition under Article 226 and 227 of Constitution of India with the following prayer: “Wherefore, the petitioners most respectfully prays that the Hon’ble Court be pleased to: (i) Issue a writ in the nature of Certiorari or any other appropriate writ, order or direction and quash the complaint and FIR against the petitioners/accused No.1 to 28, in Belagavi City CEN Police Station Crime No.89/2025 registered for the offence punishable under Sections 319(2), 187, 48, 49 and 111 of the Bharatiya Nyaya Sanhita, Sections 66(c), 66(D) and 75 of the Information Technology Act, 2000, and Section 42 of the Telecommunication Act - 7 - HC-KAR NC: 2026:KHC-D:1852 WP No. 109199 of 2025 pending on the file of the JMFC-III Court, Belagavi.” 3. Facts in nutshell which are utmost necessary for disposal of the present petition are as under: 4. Assistant Sub-Inspector1, Cyber Crime Police, Belagavi lodged a complaint with the CEN Police Station, Belagavi contending that on 11.11.2025 a anonymous complaint came to be received by the police station and on opening the cover, they noticed that in a hotel at Azam Nagar Circle when ASI was consuming tea, a person belonging to North India had visited the tea shop and has ordered for parcel of twenty tiffins with tea. 5. The conversation revealed that in the Call Center those who have passed 9th and 10th standard will also get the employment and twenty persons have been given such employment in his Call Center. He was also mentioning that about fifty persons are being employed again in the Call Center. 1 For short, ‘ASI’ - 8 - HC-KAR NC: 2026:KHC-D:1852 WP No. 109199 of 2025 6. On hearing such conversation, the complainant entertained a doubt and he has followed the said person. The said person moved from the tea stall towards Kuwempu Nagar and went inside a apartment. 7. On enquiry with the tea stall person, he has revealed that said apartment is ‘Kumara Hall’. Immediately entertained further doubt as to the conversation and at about 05.00 p.m., they went near the said Kumara Hall and enquired with the locals. The local persons told them that about 20-30 persons are residing in the said apartment and they are doing Call Center job in the night hours. It is also revealed that the persons who are involved therein depicted to the certain people that they are from the police department and they were involved in extortion of money. 8. Based on such report, police registered a case in Crime No.89/2025 on 12.11.2025 for the offences punishable under Sections 66C and 66D of the Information Technology Act, 2008 and Sections 187 and 319(2) of the - 9 - HC-KAR NC: 2026:KHC-D:1852 WP No. 109199 of 2025 Bharatiya Nyaya Sanhita, 2023, and are investigating the matter. 9. Petitioners have been apprehended in the said case and they have been enlarged on bail. 10. It is their case that they were doing the Call Center business regularly and there was no element of fraud as is alleged in the complaint and police are unnecessarily harassing the petitioners which is nothing but abuse of process of law and thus, sought for quashing of the pending FIR. 11. Per contra, learned High Court Government Pleader for respondent would contend that the investigation revealed that petitioners herein depicting themselves as police department personnel and bank officials have cheated many people. 12. It is further contended that during the course of investigation, laptop and mobile phones have been recovered and police are investigating the matter and all the petitioners who are residents of different States are now - 10 - HC-KAR NC: 2026:KHC-D:1852 WP No. 109199 of 2025 not available for investigation. Therefore, there cannot be any order quashing the complaint as admittedly none of the petitioners in the petition are residents of Karnataka and why they were present in Kumara Hall in Belgavi in a rented premises and not having any permanent addresses in Belagavi would make it clear that they are not the employees of the Call Center, but they were in the process of extorting the money from the general public and thus, sought for dismissal of the petition. 13. Having heard the arguments of both sides, this Court perused the material on record meticulously. 14. On such perusal of the material on record, it is crystal clear that none of the petitioners are residents of Belagavi. They did not furnish the details of their residence in Belagavi. 15. If they are the employees of ‘Call Center’ as is contended, they should have at least the temporary address where they were staying in Belagavi. - 11 - HC-KAR NC: 2026:KHC-D:1852 WP No. 109199 of 2025 16. All these factors when viewed together, all of them were staying in ‘Kumara Hall’ itself and therefore, it cannot be treated that they were the employees of the Call Center. 17. Nevertheless, it is not possible for this Court to record a definite opinion as to whether they were employees of the ‘Call Center’ or they were actually fraudsters, by holding a mini trial that too when the matter is still at the preliminary stage and the proceedings have been stayed by order of this Court. 18. Taking note of the above, this Court is of the considered opinion that there are no compelling circumstances or prima facie materials which will result in investigating the matter further would amount to abuse of process of law. 19. Accordingly, prayer of the petitioners cannot be granted. - 12 - HC-KAR NC: 2026:KHC-D:1852 WP No. 109199 of 2025 20. It is always open for the petitioners to challenge the charge sheet if there are no prima facie materials to proceed against the petitioners. 21. With that liberty, the following: ORDER The petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE SMM / Ct-cmu LIST NO.: 1 SL NO.: 12