Mohammed Ibrahim, v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No. 12378 of 2018 Mohammed Ibrahim ... Petitioner Vs.

1. The State of Tamil Nadu Rep. by the Inspector of Police District Crime Branch Police Kancheevaram Cr. No. 15/2016

2. K. Ravindran ... Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for records in Crime No.15 of 2015 on the file of District Crime Branch Police, Kanchipuram and quash the same and pass such further orders. For Petitioner : Mr. Kareem for M/s. R. Robert For Respondents : Mrs. P. Kritika Kamal Govt. Advocate (Crl. Side) for R1

ORDER

The relief sought for in this petition is to quash the proceedings in Crime No.15 of 2015 on the file of District Crime Branch Police, Kanchipuram.

2. On the complaint lodged by the 2nd respondent, the 1st respondent have registered a case in Cr. No. 15/2015 on 30.07.2015 for the offences under Section 408, 381, 420 IPC and Section 65 and 66 of the Information Technology Act 2000, for quashing which the accused is before this Court.

3. Heard Mr. Kareem, learned counsel for the accused, who submitted that the case has been framed by his erstwhile employer.

4. However, on a reading of the FIR it is alleged by the defacto complainant that the accused was working as a Vice https://hcservices.ecourts.gov.in/hcservices/

President and that he had misused the company materials like laptop, e-mail ID, phone etc., and has been conducting parallel business and diverting the orders of the company, to his own company. It is also alleged that he had passed on several important information to the rivals. During the course of investigation, the police have recovered the laptop of the accused and found incriminating materials therein. Since the investigation is in an infancy stage, this Court cannot disclose the details that are available in the case diary.

5. In view of the law laid down by the Supreme Court in State of Haryana Vs Bhajan Lal [(1992) Supp (1) SCC 335] the FIR cannot be quashed. However, the 1st respondent police is directed to complete the investigation in Crime No.15/2015, within a period of six months from the date of receipt of a copy of this order and file a closure report or a final report, as the case may be. Consequently, the connected Miscellaneous Petition is closed.

-s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar avr To

1. The State of Tamil Nadu Rep. by the Inspector of Police District Crime Branch Police Kancheevaram(Crime No. 15/16)

2. The Public Prosecutor, Madras High Court, Chennai.

+1 CC to Mr.R. Robert, Advocate sr 31482 Crl.O.P.No.12378 of 2018 NA(CO) SP(15/05/2018) https://hcservices.ecourts.gov.in/hcservices/