Facts

On November 4, 2020, Mr. C from the Cyber Crime division received information about a fake call center operating from an office in Saltlake. Acting on this information, Mr. C and law enforcement forces went to the location to halt the illegal activities. Upon arrival, the four owners of the call center could not produce any documentation authorizing them to run an international call center. During questioning, these owners confessed to their involvement in the crime, which included randomly calling individuals using the names of reputable software companies to defraud them. They revealed the involvement of additional partners, namely Mr. J and Mr. S.

Further investigation confirmed the involvement of Mr. J and Mr. S. Consequently, all the accused were charged under sections 419, 429, and 120B of the Indian Penal Code (IPC), and sections 21 and 22 of the Indian Telegraph Act of 1885.

Solution

Kshetry and Associates provided exemplary legal assistance to Mr. J and Mr. S. The investigating officer (IO) failed to justify the arrests without complying with the provisions of Section 41A of the Code of Criminal Procedure (CrPC). Additionally, the court determined that the accused could only be charged under the Indian Telegraph Act and not under the IPC. Given these reasons, bail was granted to Mr. J and Mr. S.

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