Shani Theresa Wallis Vs State of Karnataka

SHANI THERESA WALLIS AGE 68 YEARS R/A: 21001 N TATUM BLVD STE 1630-274, PHOENIX ARIZONA - 85050-4242, USA REP. BY HER PoA HOLDER MR.JAYANTH AHUJA S/O PAWAN KUMAR AHUJA AGED ABOUT 44 YEARS R/A: B 31/3847 NEAR GOVT PRIMARY SCHOOL JAMALPUR AWANA LUDHIANA, PUNJAB - 141 010.

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Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA

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(BY SMT. PREETI K., ADVOCATE)

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AND:

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STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER CENTRAL POLICE STATION CENTRAL DIVISION BENGALURU - 560 018.

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…PETITIONER

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AVNEESH JAIN DIRECTOR CODEHALL TECHNOLOGY PVT. LTD. 91, SPRINGBOARD, 4^TH FLOOR GOPAL KRISHNAN COMPLEX

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NC: 2026:KHC:23854 WP No. 24966 of 2023 C/W CRL.P No. 12097 of 2022

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HC-KAR

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#45/3, RESIDENCY ROAD, BENGALURU - 560 025.

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…RESPONDENTS (BY SMT. PUSHPALATHA B., ADDITIONAL STATE PUBLIC PROSECUTOR FOR RESPONDENT NO.1; SRI. VIJAY B.K., ADVOCATE FOR RESPONDENT NO.2)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO FILE A REPORT IN CRIME NO.0379/2022 VIDE ANNEXURE-H WITHIN FOUR WEEKS AND TO ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.1 TO ENSURE THAT PETITIONER'S DATA RELATING TO HER WEBSITE www.tunneltalk.com WHICH IS ON R2's AWS ACCOUNT IS EITHER RETRIEVED OR TO ENSURE THAT IT IS NOT DELETED TILL FILING OF REPORT IN CRIME NO.0379/2022 VIDE ANNEXURE-H AND ETC.

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IN CRL.P NO.12097/2022:

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BETWEEN:

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MR. AVNEESH JAIN S/O SANTOSH KUMAR JAIN, AGED ABOUT 46 YEARS, OFFICE @ NO.45/3, 1^ST FLOOR GOPAL KRISHNA COMPLEX, RESIDENCY ROAD, BENGALURU - 560 025. REP. BY ITS DIRECTOR CODEHALL TECHNOLOGY PVT. LTD.

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…PETITIONER

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(BY SRI. VIJAY B.K., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY CENTRAL C.E.N. POLICE STATION 147, INFANTRY ROAD AMBEDKAR VEEDHI SAMPANGIRAM NAGAR BENGALURU-560 001

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NC: 2026:KHC:23854 WP No. 24966 of 2023 C/W CRL.P No. 12097 of 2022

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HC-KAR

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REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.

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SHANI THERESA WALLIS FATHER'S NAME NOT KNOWN TO PETITIONER R@ 21001, N TATUM, BLVD STE, 1630-274, PHOENIX, ARIZONA 850504242, UNITED STATES OF AMERICA

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REPRESENTED BY HER POA HOLDER MR.JAYANT AHUJA S/O LATE MR. PAWAN KUMAR AHUJA AGED ABOUT 43 YEARS R@ B 31/3847, NEAR GOVT. PRIMARY SCHOOL JAMALPUR AWANA, LUDHIANA, PUNJAB 141 010.

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…RESPONDENTS

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(BY SMT. PUSHPALATHA B., ADDITIONAL STATE PUBLIC PROSECUTOR FOR RESPONDENT NO.1; SMT. PREETI K., ADVOCATE FOR RESPONDENT NO.2)

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THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C.

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PRAYING TO QUASH THE FIR AND COMPLAINT FILED BY THE 2^ND RESPONDENT UNDER ANNEXURE-B AND THE F.I.R IN CRIME NO.0379/2022 DATED 06.06.2022 UNDER ANNEXURE-A REGISTERED BY THE 1^ST RESPONDENT CENTRAL C.E.N. CRIME POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 66 OF THE I.T ACT, 2000 AND FILED BEFORE THE I ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU AND ETC.

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NC: 2026:KHC:23854 WP No. 24966 of 2023 C/W CRL.P No. 12097 of 2022

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HC-KAR

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THESE PETITIONS, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE R. NATARAJ

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ORAL ORDER

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IN CRL.P. NO.12097/2022

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Crl.P.No.12097/2022 is filed challenging the F.I.R in Crime No.379/2022 registered by the respondent No.1 for the offence punishable under Section 66 of the Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008 (for short, 'the I.T Act'), which was then pending before the I Additional Chief Metropolitan Magistrate, Bengaluru.

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2. The petitioner in W.P. No.24966/2023, who is the de facto complainant represented by her power of attorney holder, has sought for the following reliefs:

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"i. Issue a Writ of Mandamus directing the Respondent No. 1 to file a report in Crime No.0379/2022 vide Annexure-H within four weeks;

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ii. Issue a Writ of Mandamus directing Respondent No. 1 to ensure that Petitioner's data relating to her website www.tunneltalk.com which is on Respondent. No. 2's AWS account is either retrieved or to

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NC: 2026:KHC:23854 WP No. 24966 of 2023 C/W CRL.P No. 12097 of 2022

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HC-KAR

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ensure that it is not deleted till filing of report in Crime No. 0379/2022 vide Annexure-H ;

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iii. Issue any other writ, order, direction as this Hon'ble Court deems fit to pass in the facts and circumstances of this case in the interest of justice and equity."

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3. When these petitions are listed for further hearing

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today, the learned counsel for the petitioner in Crl.P. No.12097/2022 submits that he would withdraw the petition and in the same vein, he prays that an opportunity be granted to the petitioner to appear before the Investigating Officer and produce all documents in justification of his defence that he has not committed any offence, more particularly, under Section 66 of the I.T Act.

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4. The Investigating Officer, who is present before the Court, submits that if the petitioner appears and produces all documents, the same would be considered and a fresh charge sheet would be filed.

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5. In view of the aforesaid submission, the petition in Crl.P. No.12097/2022 is dismissed as withdrawn . Liberty is reserved to the petitioner to appear before the Investigating Officer on 06.05.2026 at 11 a.m.

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6 - NC: 2026:KHC:23854 WP No. 24966 of 2023 C/W CRL.P No. 12097 of 2022

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HC-KAR

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6. It is made clear that the petitioner shall produce all available materials with him in justification of his defence. He shall not later claim that he has not produced any document either inadvertently or out of ignorance. The Investigating Officer shall peruse the documents that may be furnished by the petitioner and thereafter, file a fresh charge sheet after obtaining approval from the competent Authority.

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7. It is needless to mention that the complainant / respondent No.2 shall also furnish any documents to rebut the claim of the petitioner in Crl.P. No.12097/2022.

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8. The Investigating Officer shall file the final report in accordance with law within a period of three months from the date of appearance of the petitioner in Crl.P. No.12097/2022 i.e. 06.05.2026.

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9. The petition in Crl.P. No.12097/2022 stands

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disposed off on the above terms.

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10. In view of the disposal of Crl. P No.12097/2022, W.P No.24966/2023 would not survive for consideration and the same stands dismissed as such. However, the contentions urged by the petitioner in W.P. No.24966/2023 are kept open

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