Anupam Kedia And ORS. v. State Of West Bengal
13.02.2025 Item No. 2 Ct No. 28 SG
IN THE HIGH COURT AT CALCUTTA
CRIMINAL REVISIONAL JURISDICTION C.R.R. No. 3710 of 2024 In the matter of : Anupam Kedia and Ors.
.....petitioners Mr. Kaushik Chatterjee, Adv.
Mr. Apalak Basu, Adv.
Mr. Tirthankar Dey, Adv.
....... for the petitioners
1. Petitioners submit they are directors of the company concern. Impugned charge-sheet does not attribute any specific role to the petitioners. They have been falsely implicated on the principle of vicarious liability which is alien to Penal Code. They also submit they were carrying on bona fide business of facilitating admission of students in American universities. He had requisite licenses for carrying on the business. They pray for quashing of the proceeding.
2. We have considered the materials on record. In the charge-sheet it is, inter alia, alleged petitioner was carrying on an illegal call centre under the name and style of 'Anupam Technologies Private Limited' and had cheated a number of persons under the ruse of giving educational services, website development, medical services, gutter protection, etc. The charge-sheet also alleges monies were credited into various bank accounts of the company
abroad and the same was then routed to the accounts maintained in Indian banks.
3. Learned Counsel strenuously argues the business is a bona fide one and no complaint had been received that by any victim that he has been cheated.
4. Uncontroverted allegations in the charge-sheet prima facie disclose petitioners were running illegal call centres and cheating innocent individuals abroad under the guise of providing educational, medical and other services.
5. In light of the aforesaid allegations in the charge-sheet, we are of the opinion institution of the proceeding cannot be said to be illegal or without jurisdiction.
6. It is open to the petitioners to agitate his grievances at the appropriate stage of the proceeding including the stage of consideration of charge in accordance with law, if so advised.
7. With these observations, CRR 3710 of 2024 is disposed of. (Joymalya Bagchi, J.)