Case Note & Summary
The petitioner, PhonePe Private Limited, a company registered under the Companies Act, 2013 and a Third Party Application Provider (TPAP) in the UPI ecosystem, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. The petitioner sought a writ of mandamus directing the respondents, the State of Karnataka and the Superintendent of Police, Bengaluru Rural District, to conduct a fair and comprehensive investigation in Crime No.193/2022 pending on the file of the Chief Judicial Magistrate, Bengaluru Rural District. The petitioner specifically prayed that the investigation be conducted strictly in accordance with the procedure laid down in the Payment and Settlement Systems Act, 2007, the Bankers Book Evidence Act, 1891, the Code of Criminal Procedure, 1973, and the legally binding guidelines of the Reserve Bank of India (RBI) and the National Payments Corporation of India (NPCI) on UPI intermediaries and Third Party Application Providers. The case was reserved for orders on 04.03.2025 and pronounced on 29.04.2025. The court, after hearing the parties, made a CAV order. The judgment does not disclose the final decision on the merits of the investigation direction but records the prayer and the fact that the petition was heard and reserved. The court noted the petitioner's contention that the investigation must adhere to the specific legal framework governing financial transactions and data of TPAPs. The respondents were represented by the Additional Government Advocate. The judgment primarily sets out the parties, the prayer, and the procedural history without delving into detailed analysis or final orders on the investigation.
Headnote
A) Criminal Procedure - Investigation - Mandamus - Fair Investigation - Payment and Settlement Systems Act, 2007, Bankers Book Evidence Act, 1891, CrPC - Petitioner, a UPI intermediary, sought direction to police to conduct investigation in accordance with specific enactments and guidelines - Court considered the prayer and reserved judgment - Held that the petition is for a direction to conduct investigation as per law (Paras 1-3).
Issue of Consideration
Whether the police should be directed to conduct a fair and comprehensive investigation in Crime No.193/2022 in accordance with the Payment and Settlement Systems Act, 2007, the Bankers Book Evidence Act, 1891, the CrPC, and the legally binding guidelines of RBI and NPCI on UPI intermediaries such as the petitioner.
Final Decision
The court reserved the petition for orders on 04.03.2025 and pronounced the CAV order on 29.04.2025. The judgment does not disclose the final operative order; it only records the prayer and the fact that the petition was heard.
Law Points
- Mandamus
- Fair investigation
- Payment and Settlement Systems Act
- 2007
- Bankers Book Evidence Act
- 1891
- CrPC
- RBI guidelines
- NPCI guidelines
- UPI intermediaries
- Third Party Application Providers (TPAPs)
