ANAND GAJANAN DESHPANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The two applicants, seek protection from their arrest in connection with C.R.No.494 of 2019 registered with Paud Police Station, Pune invoking Sections 407, 420 read with Section 34 of the Indian Penal Code and Sections 43 and 66 of the Information Technology Act, 2000.

(2.) Heard learned senior counsel Mr.Ponda and learned APP Mr.Yadav. With the assistance of the respective counsel, I have perused the documents on record. The complaint is fled by one Sachin Patil with Cyber Police Station in the capacity as Head of IT and HR of Artur Schade Steel Products India Limited. He was authorised by the Board of Directors to fle the complaint. The company on behalf of which the complaint is fled, is originally located in Germany and it had its branch at Pirangut, Taluka Mulshi. It is alleged that the company is into the business of supplying the spare parts of steel required for the purpose of construction equipments and cranes. In the said company, one Manoj Kumar Mohite is alleged to have been appointed as Managing Director and on account of some discord between the families which were involved in German company, one of the Directors resigned due to ongoing family dispute and Mr.Sven Schade was appointed as Director of Artur Steel Company. On 18/06/2019, Manoj Kumar Mohite was removed from the company and his SIM card, Laptop and the car were seized. It was revealed that he had 7.5% shares in the alleged competitor company, namely, Schutee Meyer, of which Mr.Sorn Schade and Mr.Thomas Klaus Eshner were the Promoters and applicant Nos.1 and 2 were alleged to be the nominal Directors and the shareholders.

(3.) Learned APP is not able to point out any other material and his submission is to the effect that he was also involved with the main accused. In any case, the applicants are granted interim protection, since 13/02/2020 and were not arrested.