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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