Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37085 of 2018 Petitioner :- Gaurav Chaudhary Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shadab Alam Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J
Heard Sri Sadab Alam, for the petitioner and AGA for the State.
This writ petition has been filed for quashing FIR dated 28.11.2018, registered as Case Crime No. 1709 of 2018 under Sections 420 IPC, 66, 71 of Information Technology (Amendment) Act, 2008 and 60, 63 of Copyright (Amendment) Act, P.S. Phase-III, district Gautam Buddh Nagar.
In substance, in the F.I.R. the allegation has been made that INTESS Technologies Private Limited operating from H-160,1st Floor, Suite No.111 BSI Building, Section 63, Noida is misrepresenting itself as authorized service provider of Microsoft Corporation (India) Private Ltd. a subsidiary of Microsoft Corporation U.S.A. And thereby they were providing service to various persons in the name of Microsoft Corporation U.S.A. Thus, F.I.R. discloses cognizable offence. It is not liable to be quashed at this stage.
However, counsel for the petitioner submits that so far as the company INTESS Technologies Private Limited is concerned, it was incorporated on 3.12.2014 having its two directors, namely, Bhanu Pratap and Vijay Singh who were holding the entire shares of the company. The petitioner was introduced to the company on 25.9.2017 as an Additional Director of INTESS Technologies Private Limited and the petitioner has given his consent for that purpose but share holding of the petitioner as Additional Director has not been decided till today. Therefore, the petitioner is not working in that company. The petitioner is running another company in the name of BG Infotech and the F.I.R. is not against the petitioner's company.
In the fact of the case, the writ petition is disposed of with the direction that the petitioner shall not be arrested in Case Crime No. 1709 of 2018 under Sections 420 IPC, 66, 71 of Information Technology (Amendment) Act, 2008 and 60, 63 of Copyright (Amendment) Act, P.S. Phase-III, district Gautam Buddh Nagar. till collection of credible evidence against him.
Order Date :- 18.12.2018 mt