Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 11037 of 2019 Petitioner :- Jitendra Narayan Das Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anoop Trivedi Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the petitioner and learned A. G.
A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 409 of 2019, under Section 420, 408, 379, 426, 120-B IPC read with section 66 of Information and Technology Act, police station Sector-20, Noida, district Gautam Budh Nagar.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing petitioner; petitioner has been implicated on the basis of general allegation; the petitioner has joined as General Manager in M/s GR Infra Projects Ltd on 9.6.2014; he resigned from the said company after period of three years and his resignation was accepted after a period of ten months; and subsequently the petitioner had joined another company namely M/s Trafiksol ITS Technology Pvt. Ltd; subsequently he appeared in tender process. Both the companies applied for grant of tender in which tender was granted in favour of second company in which petitioner has joined subsequently and this FIR has been lodged by the first company making allegation against the petitioner that he has misused and stolen the software of the his company where he was working earlier; further contention of the counsel for the petitioner is that suffering defeat in first tender process in the absence of the petitioner M/s Qualix Information System LLP lodged the FIR only with a view the petitioner may not assist any company operating in the filed so that they continue to remain without any competition; all the constructions companies which are in the field of construction of roads provide ATMS through their own Software; the software provided by these companies are readily available in the market; the software of M/s Qualix Information System LLP, if any, the petitioner denies existence of such software as has been claimed by the company and the same is not at all patented; the contention is that it is matter is of investigation before any arrest is made; apart from the bald allegations made in the impugned F. I. R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of alleged offence and hence the impugned F.
I. R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A. G. A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F. I. R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioner(s) shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner(s) shall participate and co-operate with the investigation and the police authorities are directed to complete the investigation as early as possible, Order Date :- 26.4.2019 SKS