NARESH KADAYN Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The matrix of the facts & material, culminating in the commencement, relevant for deciding the instant petition, to refer the investigation of the case to Central Bureau of Investigation (for brevity "the CBI") and emanating from the complaint of petitioner-complainant Naresh Kadayn son of Om Parkash Kadayn (for short "the complainant"), which formed the basis of FIR (Annexure P1), is as under:-

(2.) Sequelly, in the background of these allegations and in the wake of complaint of the complainant, the present case was registered against the accused company (respondent No.2), vide FIR No.349 dated 1.9.2012 (Annexure P1), on accusation of having committed the offences punishable u/ss 295A, 120-B IPC and section 66-A of The Information Technology Act, 2000 (hereinafter to be referred as "the IT Act") by the police of Police Station Model Town, Rewari.

(3.) After registration of the case, the private respondent-accused had earlier filed the petition, bearing CRM No. M-30608 of 2012 to quash the impugned FIR (Annexure P1). Thereafter, the matter was transferred and investigated by the State Crime Branch, Panchkula. During the course of investigation, it revealed that hosting of web page in question was created from abroad and not from India. Consequently, the investigating agency came to the definite conclusion that since no pointed offences were committed by the accused company within the territorial jurisdiction of India, so, the cancellation report dated 11.4.2013 (Annexure R1) was submitted by it in the Court. Consequently, in view of the cancellation report, the first petition to quash the impugned FIR was dismissed as having become infructuous, by means of order dated 17.1.2014 by a Coordinate Bench (M.Jeyapaul, J.) of this Court.