AKASH KUMAR PATHAK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner Akash Kumar Pathak has knocked at the portals of this Court by filing an application under section 439 of Cr.P.C. seeking for bail in connection with CID, CB, Cyber Crime P.S. Case No.26 of 2020 corresponding to C.T. Case No.4053 of 2020 pending on the file of S.D.J.M., Bhubaneswar in which first charge sheet has been submitted for offences punishable under sections 419, 420, 467, 468, 471 read with section 120-B of the Indian Penal Code and 66-C, 66-D of the Information Technology Act, 2000 (hereafter 'I.T. Act') keeping the investigation open under section 173(8) of Cr.P.C.

(2.) On 18.05.2020 an email was received from one Trilochan Mohanty, Deputy General Manger-Ethics at Tata Motors Limited (hereafter 'the Company'), Jamshedpur Works, Jamshedpur as authorised representative addressed to the IG, CID, CB, Cuttack, Odisha alleging therein that it was brought to the notice of the Company on several occasions that certain unscrupulous elements were committing fraud and thereby causing harm to the reputation of the Company by contacting common public with criminal intent to defraud them and collect illicit money from them on the pretext of offering them jobs in the Company. The modus operandi of such people was to use the logo of the Company and/or TATA Group and other easily identifiable insignia. They were mentioning a name and number of a person to whom they misrepresent as an official of the Company.

(3.) On 23.09.2020 the complainant Trilochan Mohanty appeared at Cyber Crime Police Station, Cuttack and reported to have lodged a report on 18.05.2020 before the I.G. of Police, CID, CB, Odisha, Cuttack through email. The records were verified and it was ascertained that the copy of the report was sent to DCP, Bhubaneswar for appropriate action but no action was taken thereon as on 23.09.2020. Accordingly, on 23.09.2020 CID, CB, Cyber Crime P.S. Case No.26 of 2020 was registered under sections 419, 420, 467, 468, 469, 471 of the Indian Penal Code and 66-C, 66-D of the I.T. Act against the petitioner only.