Calcutta High Court Denies Request to Dismiss Case Against Company Running ‘Online Legal India’ Website in Fraud Case.
The Calcutta High Court has denied the request from Fast Info Legal Services Private Limited, which runs the website Online Legal India, to dismiss a cheating case filed against it. The Court stated that it is not suitable to dismiss the case at this early stage of the investigation without valid reasons. The High Court was reviewing a Criminal Revisional application from the accused under Section 482 of the Code of Criminal Procedure, 1973, aiming to quash the proceedings under Sections 406/420/120B of the Indian Penal Code, 1860, which are currently before the Additional Chief Judicial Magistrate. Justice Ajay Kumar Gupta, on the Single-Judge Bench, noted, “During the investigation, the Investigating Officer took witness statements under Section 161 of the Code of Criminal Procedure, 1973. A large number of relevant documents and incriminating items were seized, indicating that the incident likely occurred with the complainant.”
The victim, referred to as Opposite Party No. 2, filed a complaint with the Cyber Crime Police Station after receiving a call from an unknown number. The caller informed her that a gift voucher worth Rs. 4,000 had been issued to her Kotak Mahindra Bank Credit Card. Following the caller’s instructions, Rs. 12,000 was taken from her Credit Card. Realizing she had been scammed, she contacted a representative from “Online Legal India,” who promised to help her recover her money. The caller claimed they had a cyber cell that would file an FIR for a fee of Rs. 1,179, which she paid from her SBI Bank Account. It was also claimed that the company, under the name onlinelegalindia.com, had deceived many others in a similar way. Based on this complaint, the Cyber Cell opened a case against the petitioner and two others.
The petitioner claimed that the company offers legal advice and assistance for a fee. Online Legal India is the online service platform of Fast Info Legal Services Pvt. Ltd. The company quickly filed an online complaint with the Bidhan Nagar Commissionerate, completing the required form. After submitting the complaint on the cyber crime portal, they received an acknowledgment number. It was also claimed that the Investigating Agency sealed the company’s premises without a proper investigation, leaving 358 employees without jobs due to this action.
The Bench observed that the complainant attempted to reach out to the company, but they refused to communicate and used inappropriate language. The Court stated that since the investigation is ongoing and not yet finished, it would not be right to dismiss the proceedings at this early stage without valid reasons. The Court cannot assess the truthfulness of the allegations in the FIR/complaint at this point. The Court referenced a Supreme Court ruling in Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others (2021) SCC Online SC 315, which outlines guidelines for the Court when using its authority under Section 482 of the Cr.P.C. Finding no strong reason to dismiss the case against the Petitioner, the Bench rejected the Revision Application.
Cause Title: Rajesh Kewat Managing Director, Fast Info Legal Services Private Limited v. The State of West Bengal & Another [Case No. C.R.R. 1175 of 2023]
Appearance:
Petitioner: Advocates Hindol Nandi, Satarupa Sarkar, Swarnava Mukherjee
State: Advocates Rudradipta Nandy, Sanjana Saha
