(1.) The instant revisional application has been filed by the petitioner praying for quashing of the proceeding in C.R. Case No. 169 of 2014 under Ss. 406/420/467/468/120B of the Indian Penal Code pending before the Learned Additional Chief Judicial Magistrate, Siliguri, Darjeeling and all orders passed therein including the order dtd. 6/3/2014.
(2.) The contentions of the petitioners are elucidated as follows:- The petitioner No. 1 (hereinafter referred to as "the company"), is a company duly incorporated under the provisions of the Companies Act, 1956, having its registered office at D-2, 5th Floor, Southern Park, Saket Palace, Saket, New Delhi - 110017 and corporate office at Plot No. 14A, Sector 18, Maruti Industrial Complex, Gurgaon, Haryana. The petitioner nos. 2 to 6 officials of the company. The company is being represented by Mr. Subhendu Paul, being duly authorized by the company by a Power of Attorney dtd. 31/3/2014.
(3.) The company is duly registered and certified as an Infrastructure Provider Category - I (IP-I) by the Ministry of Communication and Information Technology, Department of Telecommunication, Government of India. In the normal course of its business, the company provides passive infrastructure facilities, such as telecom towers, cables etc. to the telecom companies licenced under Sec. 4 of the Indian Telegraph Act, 1885.