MANOJ KUMAR CHHIKARA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with the consent of learned counsel appearing for the parties.

(2.) This Criminal Application has been filed by the Applicants for the following substantial reliefs :-

(3.) The Applicant Nos.1 and 2 are the original accused and the Respondent No.2 is the original complainant in the proceedings pending before the JMFC, Cantonment Court, Pune. It is the case of the Applicants that, Applicant No.1, on 12/07/2004, had joined the employment of Serum Institute of India Research Foundation which is the sister concern of Serum Institute of India Pvt. Ltd, and both are the parts of Cyrus Poonawalla Group. He tendered his resignation on 31/05/2013 and, he was relieved from the employment on 17/06/2013. At the time of his resignation, the Applicant No.1 was working as a Head, Immunobiology and Molecular Research Lab. The Applicant No.2 had also joined the employment of Serum Institute of India Pvt. Ltd which is the sister concern of Serum Institute of India Research Foundation and both are the parts of Cyrus Poonawalla Group. The Applicant No.2 had tendered his resignation and was relieved from the employment on 14/08/2011. At the time of his resignation, the Applicant No.2 was working as an Executive Officer, Quality Control. Thereafter both the Applicants have started working with MSD Wellcome Trust Hilleman Laboratories Pvt. Ltd, New Delhi. The Applicant No.1 has worked with the said Company for the period from 18/06/2013 to 15/10/2020 as a Senior Director, R&D, and the Applicant No.2, who joined the said company on 01/09/2011, is presently working as a Senior Scientist, R&D of the said company. It is the case of the Applicants that they were named as co-inventors in certain Patent Applications filed by the said Company i.e. MSD Wellcome Trust Hilleman Laboratories Pvt. Ltd. and the patents were published. Thereafter the Serum Institute of India Research Foundation and Serum Institute of India Pvt. Ltd., through their representative, have jointly filed the impugned FIR bearing CR No.263/2016 dated 07/05/2016 with the Hadapsar Police Station, Pune for the offences punishable under Sections 420, 406, 409 and 418 of the Indian Penal Code, and under Sections 43 and 66 of the Information and Technology Act against the Applicants.