Case Note & Summary
The present application was filed by Abdul Kadir Ishak Hayat under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of FIR No. 11187007201485 of 2020 registered with Santrampur Police Station, District Mahisagar, for offences punishable under Sections 408, 409, 420, and 120B of the Indian Penal Code, 1860, and Sections 66C and 66B of the Information Technology (Amendment) Act, 2008. The FIR alleged that the applicant, along with another accused who was a government employee, misused the login password and Digital Signature Certificate (DSC) of the R&B Panchayat Santrampur Mahisagar in the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGA) under the Mahatma Gandhi National Rural Employment Guarantee Act, 2005, and illegally transferred an amount of Rs. 9,44,245/- into the bank account of KDK Stone Industries - Godhra, and also tampered with the MGNREGA online software for FTOs worth Rs. 3,05,625/-. The applicant contended that he was not a government employee and had no role in the alleged misuse of login credentials or tampering with the software. The State opposed the application, arguing that the FIR disclosed a prima facie case. The court examined the allegations and found that the FIR did not attribute any specific role to the applicant in the commission of the offences. The court noted that the applicant was not a government employee and there was no material to show that he induced the complainant or entered into any conspiracy with the co-accused. The court held that the essential ingredients of the offences under Sections 420 and 120B IPC were not made out, and the allegations under the IT Act also lacked any specific connection to the applicant. Consequently, the court allowed the application and quashed the FIR and all proceedings arising therefrom, holding that the continuation of the proceedings would be an abuse of the process of law.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - The High Court examined whether the FIR alleging offences under Sections 408, 409, 420, 120B IPC and Sections 66C, 66B of the Information Technology (Amendment) Act, 2008, disclosed any prima facie case against the applicant. Held that where the allegations do not make out any offence and the continuation of proceedings would be an abuse of process, the FIR is liable to be quashed (Paras 1-8). B) Criminal Conspiracy - Cheating - Sections 420, 120B IPC - Essential Ingredients - The court noted that for an offence under Section 420 IPC, there must be fraudulent or dishonest inducement and delivery of property. In the absence of any allegation that the applicant induced the complainant or that he was a government employee who misused login credentials, no case was made out. Similarly, for conspiracy under Section 120B, there must be an agreement to commit an illegal act, which was not established (Paras 5-7). C) Information Technology Act - Sections 66C, 66B - Misuse of Digital Signature - The FIR alleged misuse of login password and DSC of the R&B Panchayat. However, the applicant was not a government employee and no specific role in tampering with the MGNREGA software was attributed to him. Held that in the absence of any material connecting the applicant to the alleged cyber offences, the proceedings are liable to be quashed (Paras 5-7).
Issue of Consideration
Whether the FIR and the proceedings arising therefrom deserve to be quashed in exercise of powers under Section 482 of the Code of Criminal Procedure, 1973, for lack of prima facie material against the applicant.
Final Decision
The application is allowed. The FIR being CR No.11187007201485 of 2020 registered with Santrampur Police Station, District Mahisagar, and all proceedings arising therefrom, are quashed and set aside.
Law Points
- Quashing of FIR
- Lack of prima facie case
- Criminal conspiracy
- Cheating
- Criminal breach of trust
- Information Technology Act
- MGNREGA
- Abuse of process of law
