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Madras High CourtCRL OP/18081/2017closed

Shanyan Sundar Kandala Madha v. The State Rep. By

2021-08-19Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2021 CORAM :

THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN Crl.O.P. No.18081 of 2017 Shayam Sundar Kandala Madhu Sudhan,

...Petitioner

Vs.

1. The State rep. by The Inspector of Police, Central Crime Branch, Cyber Crime Cell, Vepery, Chennai - 600 007.

(Crime No.184 of 2016)

2. M/s. Zeisys Technologies Pvt. Ltd.

Represented by its Managing Director, Mrs. Niranjini Kishore, No.12, Chetpet, Chennai - 600 031.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in Crime No.184 of 2016 dated 19.07.2016 for alleged offence under Section 406, 420 of Indian Penal Code read with Section 66 of Information Technology Act, 2000 on the basis of the complaint given by the 2nd respondent/defacto complainant pending before the 1st respondent and quash the same.

For Petitioner : Mr. S. Mohan For Respondent-1 : Mr.E.Raj Thilak (Counsel for Govt. (Crl. Side)) For Respondent-2 : Mr. K. Balaji

O R D E R

This Criminal Original petition has been filed under Section 482 Cr.P.C. seeking for to call for the records in Crime No.184 of 2016 dated 19.07.2016 for alleged offences under Section 406, 420 of Indian Penal Code read with Section 66 of Information Technology Act, 2000 on the basis of the complaint given by the 2nd respondent/defacto complainant pending before the 1st respondent and quash the same.

https://hcservices.ecourts.gov.in/hcservices/

2. The learned Government Advocate (Crl. Side) submitted that during the investigation it is concluded that on enquiring the witnesses, perusal of digital and documentary evidence, forensic lab report, it is not sufficient to establish the commission of offence like hacking, cheating and criminal breach of trust as mentioned in the complaint against the accused/petitioner herein. Since the petitioner/accused cannot be implicated under Sections 406, 420 of I.P.C. and 66 of I.T. Act, this case is closed as ''Further Action Dropped". Hence, there is nothing survives in this petition for further adjudication.

3.Recording the aforesaid submissions made by the Government Advocate (Crl. Side), this Criminal Original Petition stands closed. Consequently, connected miscellaneous petition is closed if any.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar lbm To:

1. The Inspector of Police, Central Crime Branch, Cyber Crime Cell, Vepery, Chennai - 600 007.

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

+1cc to M/s.S.Mohan, Advocate, S.R.No.41658 Crl.O.P. No.18081 of 2017 GP[co] NSK 08/09/2021 https://hcservices.ecourts.gov.in/hcservices/