MANUJ GOYAL Vs. STATE OF DELHI

JUDGEMENT

(1.) This writ petition has been filed under Article 226/227 of the Constitution of India read with Section 482 Cr.P.C. challenging the validity of orders passed by the learned Metropolitan Magistrate dated 29th November, 2003 and 15th January, 2004 and praying that these two orders be quashed.

(2.) Brief facts relevant for the purpose of deciding this petition are that on 25th November, 2003 at 1.35 a.m. in the night, an FIR No. 498/2003 was registered under Section 408/34 IPC at P.S. New Friends Colony at the instance of Nischal Kumar Punj authorised signatory of M/s Call Centre Consulting and Training Solution Private Limited making allegations that Ahmad Jamal, Chief Operations Officer of the complainant company. It was alleged that he was bound by an agreement of maintaining the confidentiality of the company but he left the services of the company and continued to retain the entire confidential information / business secrets / records / computer programmes and data of the complainant company. The complainant alleged that Ahmad Jamal had misused his position in the company by selling confidential and essential information to M/s Supportscape India Pvt. Ltd. and its people for money. When the complainant confronted Ahmad Jamal with breach of confidentiality condition and sale of secret data of the complainant company, he threatened the complainant's attorney and went underground without informing the complainant company. He did not handover the Laptop, credit card and mobile phone of the company in contravention of conditions of his employment.

(3.) After registration of this FIR, police immediately came into action and went to Jaipur where Ahmad Jamal was staying. Police conducted a raid with the help of local police in Jaipur and brought Ahmad Jamal, Manoj Goel and one Ted John Bose to Delhi. They were confronted with officials of the complainant company in Delhi. Ahmad Jamal produced the credit card of the complainant company and the same was seized. After interrogation, they were relieved from the investigation and Ahmad Jamal was asked to bring the Laptop of the complainant company.