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2018 DIGILAW 44 (CAL)

Subhojit Mondal v. State of West Bengal

2018-01-08

DEBI PROSAD DEY

body2018
JUDGMENT : This is an application under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure for quashing the First Information Report being Cyber Police Station case no. 123 of 2017 dated 17th October, 2017 under Sections 66C/66D/84B of the Information Technology Act, 2000 read with Sections 120B/419/420/467/468/471 of The Indian Penal Code pending before the learned Chief Metropolitan Magistrate, Calcutta. 2. Learned advocate for the petitioner contends that the First Information Report does not disclose as to the persons who said to have been cheated by the petitioner and therefore, there is absolutely no material under Section 419/420 of the Indian Penal Code to investigate. It is further submitted that on the basis of the authorisation by the Company Law Board the petitioner has been running a call centre and the said call centre has been authorised by the Company Law Board. It is further submitted that fifty employees have been working under the petitioner and without having any basis, reason or rhyme the call centre has been sealed by the investigating authority. In support of his contention, learned advocate for the petitioner has also referred to a decision reported in (2013) 2 SCC 801 in the case of Arun Bhandari....Appellant v. State of Uttar Pradesh & ors. ...Respondents. 3. It is apparent from the said decision that the matter was taken up by the Hon'ble Apex Court after taking cognizance of the offence i.e. after completion of the investigation by the appropriate authority. In the case, under reference, the petitioner is praying for quashing of the First Information Report. 4. On scrutiny of the First Information Report, it transpires that the specific allegation against the present petitioner is that the petitioner has been operating a call centre as authorised agent of OZ Solar Energy Solutions Pvt. Ltd. of Australia, Equinox Company of United Kingdom and Bliss Overseas, which is a sister concern of OZ Solar Energy Solutions Pvt. Ltd. The result of investigation reveals that all the aforesaid companies have stated, in clear terms, that they have had no connection with the petitioner company and they have never appointed the petitioner as their authorised agent in India to work on behalf of the aforesaid companies. 5. Prima-facie, it appears that there are some materials against the petitioner to at least investigate and we cannot abort the investigation at this stage. 5. Prima-facie, it appears that there are some materials against the petitioner to at least investigate and we cannot abort the investigation at this stage. On the contrary, it is necessary to wait till the logical conclusion of the investigation. 6. In the premises set forth above, I find no reason to quash the First Information Report at this stage. 7. Accordingly, the application calls for no action and stands disposed of. 8. However, the petitioner shall not be precluded from raising the selfsame point with regard to quashing of entire case at a later stage after completion of the investigation. 9. Urgent photostat certified copy of this order, if applied for, be given to the parties.