BHANUBHAI SHARMA Vs. VIKAS KALYANAM NARAYAN & ANR

JUDGEMENT

(1.) By invoking inherent powers of this Court under Section 482 of Cr.P.C., the applicant seeks to challenge the order dated 10th July, 2018, passed by the Additional Chief Judicial Magistrate 37th Court, Esplanade, Mumbai, in RA No.71/2018 granting judicial custody to respondent no.1 till 21st July, 2018.

(2.) Respondent no.1 was arrested on 7th July, 2018, in connection with C.R.No.3 of 2018, registered with Cyber Police Station. Respondent no.1 was produced before the Court for remand on 8th July, 2018. He was remanded to police custody till 10th July, 2018. On the next date i.e. on 10th July, 2018, police custody was sought by the investigating officer by producing the accused for further remand. However, learned Magistrate refused to extend the police custody and granted judicial custody to respondent no.1.

(3.) The applicant is the original complainant representing M/s.Tata Motors Insurance Broking and Advisory Services Limited, upon whose complaint the aforesaid FIR was registered on 14th April, 2018, for the offences punishable under Sections 419, 500, 501, 502, 504 read with Section 120-B and 34 of IPC as well as Section 66 C and D of the Information Technology Act. It is the case of the complainant that respondent no.1 is an ex-employee of the complainant's company whose services were terminated on 5th August, 2016, due to insubordination and loss of confidence. Respondent no.1 is the resident of Kolkata and along with the other accused committed crime which is the subject matter of First Information Report (FIR) bearing No.3 of 2018.