IDEA CELLULAR LIMITED Vs. STATE OF GUJARAT
LAWS(GJH)-2013-3-323
HIGH COURT OF GUJARAT
Decided on March 15,2013

IDEA CELLULAR LIMITED Appellant
VERSUS
STATE OF GUJARAT Respondents




JUDGEMENT

R.M.CHHAYA - (1.)THE present application is filed by the applicant - Idea Cellular Limited through its Deputy General Manager (Legal) u/s. 482 of the Code of Criminal Procedure, 1973 and has prayed for the following reliefs :
i) quash the FIR being C.R.No.I-70/2008 registered at Dwarka Police Station for offences punishable U/Ss. 406, 420 IPC; ii) pending admission and/or final disposal of this application, the investigation being carried-out by Dwarka Police in connection with C.R. No.I-70/2008 be stayed; iii) pass such orders as thought fit in the interest of justice."

(2.)IT may be noted that the present application being an application u/s. 482 of the Code of Criminal Procedure, 1973 the impugned FIR is to be considered, however, considering the fact and circumstances arising out of this application it is necessary to take note of the facts which arises in this application as enumerated under:
The applicant is Cellular Company and the first informant is Administrator of Shree Dwarkadhish Temple Trust.

(3.)IT reveals from the record of this application, that the applicant company floated a scheme for its customers titled 'PRASAD IDEA" before 'Janmashtami' of the year 2008 whereby the applicant company informed its customers by in-house phone calls. According to the applicant the information which was given to the customers was to the effect that by charging Rs.50/- from its customers the applicant company would deliver 'PRASAD' of Shree Dwarkadhish Temple at the door-step of the customer, who opts for the said scheme. Ms. Rajpurohit, learned Counsel of the applicant further informed the Court that the scheme so floated provided that the customer was asked to opt for such a scheme by sending Short Message Service (SMS) to the applicant company. It reveals from the record that the scheme interalia provided that on such application through SMS the applicant would deduct Rs.50/- from the Account of each of the customer who applies/opts for the said scheme. It further appears from the record that such scheme was floated between 2.8.2008 to 18.8.2008. The record of this application further reveals that as Shree Dwarkadhish Temple Trust came to know about such a scheme the same was objected to and impugned FIR itself indicates that Shri Gautam Kothari, an Executive of the applicant company was called personally on 29.8.2008, 14.8.2008 and 29.8.2008. The impugned FIR thus further indicates that said Shri Gautam Kothari personally went to Dwarka on 3.9.2008 and meeting took place between the office bearers of Shree Dwarkadhish Temple Trust, Poojaries and the said Executive of the applicant company. Impugned FIR further indicates that Shree Dwarkadhish Temple Trust through its Administrator also published a Public Notice on 22.8.2008 in Gujarati Daily 'Sandesh' informing the public at large that the applicant company has not taken any prior permission of Shree Dwarkadhish Temple Trust for distribution of 'PRASAD'. Impugned FIR further indicates that in the meeting which took place on 3.9.2008 it was decided that the applicant company would tender written apology with further stipulation in it that in future no such scheme shall be floated by the applicant company without prior permission of Shree Dwarkadhish Temple Trust. It was further decided in the very said meeting that after deducting the expenses of postal charges the applicant company would deposit the amount received from its customers with Shree Dwarkadhish Temple Trust for packets of 'PRASAD'. Impugned FIR further reveals that after discussion with the higher-ups of the applicant company said Shri Gautam Kothari through written communication declined to do so.
The record further reveals that the applicant company instead of opting for the scheme, dropped the said scheme and re-credited the said amount of Rs.50/- to each customer who opted for the said scheme in their individual Accounts. It may be noted that this fact is noted by this Court (Coram : M.R. Shah, J.) while issuing notice and granting stay of further proceedings in pursuance to the impugned FIR vide order dated 2.10.2008.



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