Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 44 CT Cases 16/2024 M/S SWARIT ADVISORS PVT LTD Vs.
MUDITA MAHESHWARI
01.04.2024
Present: Sh. Rajat, Ld. Counsel for complainant.
1. Vide this order, I shall decide the application u/s 156 (3)
Cr.P.C filed on behalf of the applicant seeking registration of
FIR against the proposed accused persons.
2. In brief, the allegations levied upon by the applicant are
enumerated as hereinafter: the proposed accused no.1 joined the
company of the applicant on 24.09.2021 as Assistant Manager,
without disclosing the fact that she was holding a certificate of
practice issued by Institute of Chartered Accountant of India.
Vide email dated 30.03.2022, the proposed accused no.1
tendered her resignation and the same was accepted by the
applicant subject to certain conditions and serving the notice
period. However, the proposed accused no.1 failed to serve the
notice period. Later on, the applicant found that the proposed
accused no.1 illegally transferred the client’s confidential data to
the proposed accused no.2. The proposed accused no.1 also
registered herself as Auditor of applicant’s Client on MCA. Even
after leaving the company, the proposed accused no.1
approached the applicant’s client. The applicant had also lost Rs.
12,92,612/ due the act of the proposed accused persons. The
applicant filed various complaints against the proposed accused
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persons by approaching the concerned PS and higher authorities,
however, the police officials had failed to discharge their duties.
Hence, the applicant has filed the present application before the
Court and by way of the present application, the applicant seeks
the direction for registration of FIR.
3. Status report was called from the concerned IO wherein it
is stated that the proposed accused no.1 had worked from home
during the notice period and for the same purpose the official
laptop was used. It is further stated that the dispute between the
parties is employeremployee dispute and no cognizable offence
is made out.
4. Arguments on the application heard. Record perused.
5. I have given my thoughtful consideration to the
contentions of the application and have gone through the records
as well as perused the report.
6. The law in this regard is well settled by a catena of
judgments. Hon’ble Supreme Court of India in Lallan
Chaudhary Vs. State of Bihar 2006 AIR (SC) 3376 observed as
follows:
“if any information disclosing a cognizable offence is laid
before an officer of a police station, such police officer has no
other option except to register a case on the basis of such
information”
7. In Vishwanath Vs. State of U.P 2009 (5) RCR Criminal,
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it has been held that the magistrates should not shirk from their
responsibility to register an FIR and direct investigation where
primafacie allegations disclose the commission of cognizable
offence and in such cases, the aggrieved person should not be
compelled to collect and produce the evidence at his cost to
bring home the charges of the accused.
8. Perusal of the complaint shows that there are allegations
that the proposed accused persons had committed theft of
confidential data of the clients and misused the same. Despite
clear allegations of cognizable offence, the police did not register
any FIR upon the complaint of the complainant. In the facts and
circumstances of the present case, an investigation is required to
be conducted for unearthing the truth of the allegations made by
the complainant. Hence, a detailed police investigation is
required as the allegations levelled by way of present complaint
demand sustained interrogation and investigation including the
collection and examination of the laptop or other systems and
sending them to scientific analysis which cannot be procured by
the complainant.
9. Since, the allegations as narrated above primafacie
disclose commission of cognizable offence, therefore, SHO, PS.
Laxmi Nagar, is directed to register the FIR under appropriate
sections of IPC/any other law with all the contents of complaint
of the present case, to carry out the investigation in a fair and
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impartial manner and to conclude the same as expeditiously as
possible which otherwise also is the mandate of the law. The FIR
be registered immediately and in not more than three days from
receiving the order.
Copy of FIR be also filed in the Court within 3 days of the
receipt of the order.
Copy of this order be sent to SHO, PS Laxmi Nagar
through Naib Court.
Be listed on 12.04.2024.
( SONIKA)
MM04/East/KKD/Delhi/01.04.2024
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