LAWS(DLH)-2016-10-122

HIMANSHU BHALLA Vs. STATE & ORS.

Decided On October 05, 2016
Himanshu Bhalla Appellant
V/S
State And Ors. Respondents

JUDGEMENT

(1.) A complaint under Sec. 200 Crimial P.C. was filed by the petitioner against respondent No.2 and 3 stating that he was in the business of advertising for the last 4 years with his office at Yusuf Sarai, Community Centre. On 18th June, 2015 at 12.30 PM four persons raided his office claiming themselves to be officers from MIDC Police Station Mumbai and were accompanied by two personnel from Delhi Police. The search lasted for nearly two hours in which the petitioner cooperated. According to the petitioner at the same time some other people were also present in the office of the complainant stating themselves to be CBI officers and threatened the petitioner and his employees. It is alleged that four persons hatched criminal conspiracy and trespassed into his office impersonating as CBI officers and after confining his staff in a separate room, took possession of the computer systems and accessed the confidential data, copied the various files through pen drives in compact discs. Being confronted by the lawyer of the petitioner regarding authority of the three persons namely Manish Kumar, Mahima Harjai and Ankit Tigrania, they left the office of the petitioner in haste dishonestly removing confidential documents. After that four Police personnel were present at the spot, however they failed to confirm their identity. After conclusion of the investigation petitioner was served a notice under Sec. 41A of Crimial P.C. asking him to be present in the MIDC Police Station on 26th June, 2015 for further investigation. On further enquiry amongst his own staff it was revealed that computer systems and e-mails of the petitioner were accessed without his consent by Shiju George (I.T. Head) and Sai Dutta Nanda (Vice President HR) M/s. Macleods Pharmaceuticals Limited (in short Macleods) and 4 - 6 persons accompanying him.

(2.) As the complainant had been systematically treated by a group of people associated with the company M/s. Macleods Pharmaceuticals Limited who hatched criminal conspiracy and trespassed into his office impersonating as CBI officers and after confining his staff in a separate room took possession of the computer systems and accessed the confidential data, copied the various files through pen drives in compact discs he lodged a complaint with the police station. It was also stated that on 10th June, 2015 the petitioner was served with a copy of suit No. CS 3890/2015 initiated before the City Civil Court, Goregaon Mumbai from which the petitioner came to know that Macleods located at Atlanta Arcade, Andheri had filed a civil suit that the petitioner has created and circulated a Whatsapp message stating that the said company is influencing the various doctors to promote their medicines and were granted ex-parte ad-interim injunction against the petitioner, restraining the petitioner from releasing any such articles. The petitioner came to know about the said order and suit only when summons along with the copy of the plaint and injunction order was served in his office on 10th June, 2015. Since no FIR was registered petitioner filed the complaint before the learned Metropolitan Magistrate with a prayer for direction to the SHO to register FIR.

(3.) The learned Metropolitan Magistrate vide the impugned order dated 18th March, 2016 noted that as per the Action Taken Report received from the concerned Police Station on 18th June, 2015, Mumbai Police from Police Station MIDC along with the staff and local Police had conducted a raid at the office of the petitioner in case FIR No.331/2015 under Sections 469 Penal Code read with Sec. 66(d) Information Technology Act at PS MIDC Andheri East, Mumbai and seized two laptops from there. According to the Action Taken Report the persons mentioned in the complaint were employees of Macleods who were the complainant in the FIR noted hereinbefore and had accompanied the investigating officer for assistance in investigation.