Calcutta High Court (Appellete Side)
Shikha Tiwari & Anr vs Unknown on 27 February, 2019
Author: Jay Sengupta
Bench: Jay Sengupta
1 206 27.02.2019
C.R.R. 2772 of 2018 SB Court 29 In the matter of : Shikha Tiwari & Anr.
Mr. Sandipan Ganguly Mr. Ayan Bhattacharyya .... For the petitioners This is an application for quashing of an investigational proceeding in G.R. No. 133 of 2018 pending before the learned Additional Chief Judicial Magistrate, Bidhannagar, North 24 Parganas corresponding to Bidhannagar Cyber Crime Police Station Case No. 17 of 2018 dated 28.02.2018 under sections 379, 420, 463, 464, 465, 467, 471, 473 read with section 120B of the Indian Penal Code.
The learned senior counsel appearing on behalf of the petitioners submits that the case at hand relates to a fight between two factions in a private limited company over the control of management of the company. He submits that the allegations levelled in the First Information Report specifically relate to the theft of a digital signature of a director and using the same in appointing another director. He contends that although the informant filed a G.D. entry regarding such theft on 02.02.2018, yet on 17.02.2018 the informant sent a forwarding letter to a bank manager containing the same digital signature. The learned senior counsel further submits that there is a proceeding pending between the two parties of National Company Law Appellate Tribunal (NCLAT) on the issue of directorship and an order of status quo has been passed by the said NCLAT as regards the directorship of the petitioner no. 1.
Let the petitioners serve a copy of this application upon the State through the learned Public Prosecutor and upon the opposite party no. 2 by speed post with acknowledgement due, within a week. An affidavit of service to that effect shall be filed on the next date of hearing.
Let this matter appear under the heading 'Contested Application' two weeks hence.
Urgent photostat certified copy of this order may be supplied to 2 the parties expeditiously, if applied for.
(Jay Sengupta, J.)