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High Court of DelhiW.P.(CRL)/1068/2020

Ms Monica Singhal Kumar v. State Of NCT Of Delhi & ORS.

2020-07-15Hon'Ble Mr. Justice Yogesh Khanna3 pages

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1068/2020, CRL.M.A. 9268/2020 MS MONICA SINGHAL KUMAR ..... Petitioner Through:

Mr.F.K.Jha, Advocate.

versus STATE OF NCT OF DELHI & ORS.

..... Respondents Through:

Ms.Kamna Vohra, ASC for State.

Mr.Sumant Narang, Ms.Sneha Jain, Advocates for R3.

Ms.Tulika Kamra, Advocate for R4.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 15.07.2020 1.

The hearing has been conducted through Video Conferencing. 2.

The petitioner along with her husband runs a company in the name and style of M/s. Lexicon Public Relations & Corporate Consultants (P) Ltd. having its registered office at Sant Nagar, East of Kailash, New Delhi. However they reside at E-285, Greater Kailash-I, New Delhi. The said company is engaged in providing public relations and social media management services. The respondent no.3 joined the said company as a full time consultant in December, 2019 and the respondent no.4 joined in March, 2020 to the same post. 3.

It is alleged there was no dispute between the petitioner and respondents no.3 and 4 till the nationwide lockdown i.e.24.03.2020. It is the case of the petitioner the respondents no.3 and 4 were directed to work from home for two hours a day but they were not performing as per the expectations. The petitioners alleges they signed the admin

rights in their favour of facebook, linked in and twitter profiles on behalf of the company and the respondents no.3 and 4 are now making clients by misusing the admin rights. It is also alleged the respondents no.3 and 4 have started threatening the petitioner and her husband by making phone calls at odd hours viz. 300 approx. in a day as also Whatsapp messages for which the complaints were lodged at PS Amar Colony and PS Greater Kailash but the police officials did not take any step to lodge any FIR against the respondents no.3 and 4. 4.

The learned counsel for the respondent no.3 and 4 are also present and they submit they have also made complaints, prior in time, against the petitioner and her husband at PS Amar Colony as the petitioner were avoiding the payments of their dues/salaries etc. and only in order to avoid their dues the petitioner and her husband are now making false allegations against them.

5.

The learned ASC for the State is present and submits in all four complaints viz. two by the petitioners and two by the respondents no.3 and 4 enquiry is being conducted by the officials of concerned police stations and uptill now no prima facie offence is found to have been committed under cyber laws. Nevertheless the complaints are still under enquiry and as and when the enquiry shall be concluded the reports shall be handed over to the parties concerned so they may take recourse of law.

6.

Since the matter is still under enquiry, nothing further can be done in this matter except after completion of such enquiry, the

reports be shared with the parties concerned. Further the respondents no.3 and 4 assures they shall not make any phone calls or give Whatsapp messages to the petitioner or her husband except for the work related communications which shall also be done either through emails and/or in written communication.

7.

The petition stands disposed of in terms of above. Pending application(s) also stands disposed of.

YOGESH KHANNA, J.

JULY 15, 2020 M/DU