Case Overview
Case Number: BDN Cyber Crime P.S. Case No. 94/2021
Date: 14.09.2021
Sections Involved: 419/420/468/120B/34 I.P.C & 20/21 of Indian Telegraph Act
GR Number: 1128/2021
Synopsis
A complaint was lodged at Bidhannagar Cyber Police Station on the 14th of September, 2021, against certain individuals for allegedly running a fraudulent operation. Acting on credible information, officers from the Bidhannagar Cyber Crime PS conducted a raid at the premises of Secure Tech Support Pvt. Ltd., located at Primarc Tower, DN – 36, 6th Floor, Suit No. 602, Sector V, Salt Lake, Kolkata – 700091. During the raid, several individuals were arrested for allegedly cheating people by falsely promising rewards and prizes for purchases made on various websites. These individuals were reportedly impersonating employees of companies like Amazon and Microsoft, offering technical support in exchange for inflated fees through various payment modes.
Key Allegations
The investigation revealed that Ms. M was alleged to be the director/owner of the company. However, these allegations were considered unfounded and vague.
Legal Intervention
Kshetry and Associates strategically intervened by filing a bail application on behalf of Ms. M . Ms. M surrendered before the Learned Additional Chief Judicial Magistrate (ACJM) at Bidhannagar, focusing on the legal standpoint that the premises in question were leased to a third party, thereby distancing herself from the alleged criminal activities.
Evidence Presented
To substantiate Ms. M’s non-involvement, a copy of the leave and license agreement was submitted to the court, establishing that she had no engagement with the criminal conspiracy.
Court’s Decision
The court scrutinized the documents and considered the merit of the bail application, subsequently granting anticipatory bail to Ms. M. A significant factor in securing bail was the compliance with the notice under Section 41 A of the Cr.P.C., and questioning the delay in issuing this notice, which was highlighted by the court.
Further Legal Actions
Ms. M filed a petition to deseal the premises, citing monetary losses due to the sealing. The court directed the Investigating Officer (IO) to deseal the premises and submit a compliance report.
Conclusion
Kshetry and Associates conducted due diligence and an in-depth assessment of the matter, raising relevant legal questions and addressing crucial law points. This comprehensive legal strategy resulted in the desired outcome for the client.
With prompt legal advice and timely intervention by Kshetry and Associates, Ms. M avoided custodial interrogation and successfully established her innocence before the court. This case highlights the importance of diligent legal representation in safeguarding the reputation and interests of individuals falsely implicated in criminal matters.
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