M.Premalatha vs The State on 11 December, 2023

[Cites 4, Cited by 0]

Madras High Court

M.Premalatha vs The State on 11 December, 2023

Bench: G.Jayachandran

                                                                           Crl.O.P.SR. No.59697 of 2023



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      Dated : 11.12.2023

                                                      CORAM :

                              THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN

                                             Crl.O.P.SR.No.59697 of 2023
                                                         and
                                              Crl.M.P. No.19090 of 2023

                1.M.Premalatha

                2.Bala @ P.Balakrishnan

                3.Kishore @ Kishore Kumar

                                                                                       ... Petitioners
                                                         -vs-

                1. The State,
                   Rep. by its Inspector of Police,
                   Nungambakkam Police Station,
                   Triplicane, Chennai.

                2.Anitha Samanta

                                                                                       ...Respondent
                PRAYER : Criminal Original Petition has been filed under Section 482 of
                Criminal Procedure Code, to call for the records pertaining to the impugned FIR
                No.220 of 2023 on the file of the 1st respondent dated 16.10.2023 and to quash
                the same.
                                   For Petitioner        : Mr.P.Vijendran
                                   For Respondent 1      :Mr.Leonard Arul Joseph Selvam
                                                         Government Advocate (Crl.Side)
https://www.mhc.tn.gov.in/judis




                Page No.1/4
                                                                           Crl.O.P.SR. No.59697 of 2023



                                                          ORDER

Alleging that the first petitioner who was the Ex-employee, for theft of data, complaint has been filed on 16.10.2023 and it is under investigation in Crime No.220 of 2023. This petition is filed to quash the said FIR on the ground that it is a purely civil dispute and already suit has been initiated and the same is pending.

2. However, from reading the FIR, this Court finds that apart from allegation of breach of covenant, there is also an allegation of theft of data.

Hence, FIR has been registered under Sections 406, 420 and 381 of IPC. Since the investigation is at very nascent stage, the complaint prima facie indicates material for cognizable offence which has to be investigated.

3. This Court is of the view that it is too premature to arrive at a conclusion without allowing the investigation to get completed. For this reason, this Criminal Original Petition is dismissed at the SR stage itself, with liberty to the petitioner to workout his remedy after filing the final report. Consequently, connected Miscellaneous Petition is also dismissed.



                                                                                         11.12.2023

                Internet          : Yes/No
                Index             : Yes/No
                rkp

https://www.mhc.tn.gov.in/judis Page No.2/4 Crl.O.P.SR. No.59697 of 2023 To

1.Inspector of Police, Nungambakkam Police Station, Triplicane, Chennai.

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

https://www.mhc.tn.gov.in/judis Page No.3/4 Crl.O.P.SR. No.59697 of 2023 Dr.G.JAYACHANDRAN, J.

rkp Crl.O.P.SR.No.59697 of 2023 and Crl.M.P. No.19090 of 2023 11.12.2023 https://www.mhc.tn.gov.in/judis Page No.4/4

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