Case: BDN CYBER CRIME P.S. CASE NO 94/2021 DT. 14.09.2021
Sections: U/S 419/420/468/120B/34 I.P.C & U/S 20/21 OF INDIAN TELEGRAPH ACT
GR NO. 1128/2021
What was the issue?
The brief fact of this cyber crime case, in a nutshell, is that a complaint was lodged on 14.09.2021 at Bidhannagar Cyber PS against some accused persons and acting on credible information received by an officer of the Bidhannagar Cyber Crime PS, a raid was conducted in the call centre of a company styled as Secure Tech Support Pvt. Ltd. situated at Primarc Tower, DN – 36, 6th Floor, Suit No 602, Sector V, Salt Lake, Kolkata – 700091 where from certain persons were arrested on being allegedly involved in running a clandestine business of cheating the common man and falsely incentivising them with reward/prizes in lucky draws on the purchases made by them earlier on various websites.
How did Kshtery & Associates help get justice?
Initially, the evidence seized from the call centre pinpointed the fact that certain accused persons were running a racket in India and abroad by contacting citizens across different countries, including India, impersonating themselves as employees of Amazon or Microsoft, offering to render them technical support in exchange of consideration in the form of bloated and fabricated fees via various payment modes.
It was further revealed during the course of the investigation that Miss Manasha Kayal is allegedly the director / owner of the said company, and the basis of this allegation levelled against her was completely unfounded, baseless, and vague.
That with the strategic intervention and the legal recourse taken by Kshetry and Associates, a bail application was filed on behalf of Miss Manasha Kayal whereby she surrendered herself before the Ld. ACJM at Bidhannagar with prime focus on the legal standpoint that the premises in question from where the purported activities were being carried out was already leased to a third person.
And accordingly, to establish this point and make it abundantly clear for the Ld. Court that Miss Manasha Kayal was in no way involved or engaged with in any sort of criminal conspiracy, a copy of the leave and licence agreement was placed for the perusal of the Ld. Court.
On scrutinising the documents placed and considering the merit of the bail application filed, the Ld. Court granted an order of Al bail to Miss Manasha Kayal.
Another decisive factor that was involved for securing an order of Bail was complying with the notice u/s 41 A Cr.P.C. and also raising a question against the investigating authorities as to why there was a delay in the issuance of notice u/s 41 A Cr.P.C, a opinion that was also highlighted by the Ld. Court.
Final Verdict
Thereafter, a petition was filed and moved for desealing the aforementioned premises as Miss Manasha Kayal was suffering monetary loss due to the premises being sealed. The Ld. Court was pleased to pass a favourable order whereby it was directed upon the IO to deseal the premises and submit a compliance report.
The law points addressed in this matter and the relevant questions raised is a result of due diligence and a complete assessment of the matter in depth to provide the client with the desired result which is with utmost care taken care of by Kshetry and Associates along with his dedicated team.
Thus, with the prompt legal advice suggested and timely intervention in the said matter by Kshetry and Associates, Miss Manasha Kayal was not required to face custodial interrogation, and was able to establish before the Ld. Court that she was falsely implicated in this matter and thereby proved her innocence and maintained the goodwill and repute in the society that she had acquired.
You can contact the team at Kshetry and Associates for legal help.