LAWS(KAR)-2023-6-1000

VIJAY MOHAN AGARWAL Vs. STATE OF KARNATAKA

Decided On June 13, 2023
Vijay Mohan Agarwal Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Heard Smt. Sheetal Soni, learned counsel appearing for the petitioners, Sri. Mahesh Shetty, learned HCGP appearing for the respondent and have perused the material available on the record.

(2.) The petitioners are before this Court seeking the following prayers:

(3.) A crime comes to be registered against the petitioners on 28/10/2015 for the offences punishable under Ss. 420, 202, 120B and 34 of the Indian Penal Code, 1860, under Sec. 20(a) of the Indian Telegraph Act, 1985 and under Sec. 66(D) of the Information Technology Act, 2000. The allegation against the petitioners was usage of 21 SIM cards for conversion of international calls to local calls and causing loss to the State exchequer to the tune of Rs.34,12,50,000.00. The complaint becomes a crime in crime N0.752/2015 and the crime leads to investigation and the investigation to filing of a charge sheet in the year 2017 i.e. on 22/9/2017 for the offences punishable under Ss. 420 , 202, 120(b) read with 34 of the IPC and Sec. 20(a) of the Indian Telegraph Act and Sec. 66(d) of the Information Technology Act, 2000. In the light of the trial being proceeded through a large extent, there can be no warrant of interfere after six years of filing of the charge sheet.