LAWS(P&H)-2014-2-639

SANGEETA VAID Vs. PRABIR BHATTACHARYYA

Decided On February 25, 2014
Sangeeta Vaid Appellant
V/S
Prabir Bhattacharyya Respondents

JUDGEMENT

(1.) BY this common order CRM -M -9634 of 2013, CRM -M - 9774 of 2013, CRM -M -9896 of 2013 and CRM -M -15415 of 2013, are being disposed of. The petitioners have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. seeking to quash complaint No. 130 dated 13.08.2012 (Annexure P -1) for offence under Section 500 of Indian Penal Code (IPC), titled "Prabir Bhattacharyya Vs. M/s Siemens Power Engineering (P) Ltd. and others" and the summoning order dated 10.01.2013 (Annexure P -2) passed by the Judicial Magistrate, Gurgaon.

(2.) RESPONDENT -complainant filed the criminal complaint, impleading M/s Siemens Power Engineering (P) Ltd. and its 7 officers, for offences under Section 500 IPC and/or 506 IPC read with Section 34/120 -B IPC.

(3.) PETITIONER Sangeeta Vaid in CRM -M -9634 of 2013 was Chief Manager (HR) at the relevant time and impleaded as accused No. 3 in the complaint. Rajiv Sachdeva accused No. 2 in CRM -M - 9774 of 2013 was the Vice President; Subrata Kumar Kundu petitioner in CRM -M -9896 of 2013, was the Chief Manager impleaded as accused No. 5; and Nihar Ranjan De in CRM -M -15415 of 2013, impleaded as accused No. 4, was the Chief Manager of the Company. The petitioners' contention is that they have acted in the discharge of their official duties and no term of the charge -sheet issued to the respondent -complainant is defamatory. The respondent -complainant was rather apologetic and admitted his mistake in his own e -mail dated 12.08.2009 for having not asked the IT department for non -deletion of questioned scanned files.