DEFECTO INFOTECH PVT. LTD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) challenging order dated 7.5.2014 (Annexure P22) whereby the application moved by the petitioner under Section 156(3) Cr.P.C. was ordered to be treated as a private complaint.

(2.) LEARNED counsel for the petitioner has submitted that the petitioner had filed the petition under Section 156(3) Cr.P.C. (Annexure P21) against respondents No. 2 and 3 under Sections 381, 403, 406, 408, 418, 420, 463/465, 468, 469, 506 and 201 read with Section 120B of the Indian Penal Code, 1860 ('IPC' for short) and Sections 65, 72, 72A, 76 of Information Technology Act, 2000 ('Act' for short). The matter was necessary to be investigated by the Police. Certain articles were liable to be confiscated under the Act. The Magistrate should have directed the Police to register the FIR instead of treating the petition filed by the petitioner as a complaint. Impugned order(Annexure P22) reads as under: -

(3.) A report was called from the concerned Magistrate and vide letter dated 24.5.2014, it was informed that due to inadvertence, it has been mentioned in the impugned order that the report of the Station House Office has been received, whereas, the report had not been received from the Station House Officer.