PHONEPE PRIVATE LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner/Phonepe Private Limited is before this Court seeking a direction by issuance of writ in the nature of mandamus directing the respondent/Police to conduct a comprehensive investigation in Crime No.193 of 2022 strictly in consonance with several enactments which the petitioner says that it is governed by. A consequent declaration is also sought that the notice under Sec. 91 of the Cr.P.C., dtd. 7/12/2022 to be bad in law.

(2.) Shorn of unnecessary details, the facts germane are as follows:

(3.) The petitioner, a system provider under the unified payments interface payments ecosystem, is said to be governed and regulated under the Payment and Settlement System Act, 2007. The issue in the lis is whether the summons issued by the Investigating Officer invoking Sec. 91 of the Cr.P.C., directing the petitioner to furnish information involving confidential transaction details/full account credentials of registered phonepe users/merchants for the purpose of freezing of the transactions of a particular registered user without complete investigation is tenable or otherwise. The issuance of the said notice under Sec. 91 of the Cr.P.C. has driven the petitioner to this Court in the subject petition.