IN THE HIGH COURT OF JUDICATURE AT … IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD ***** DATES AND...

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

*****

INDEX

IN

CRIMINAL MISC. WRIT PETITION NO.________OF 2016

(Under Article 226 of Constitution of India)

DISTRICT – GAUTAM BUDH NAGAR

Ashok Kumar Chadha ---------------Petitioner

Versus

State of U.P. and Others ----------------------Respondents .

Sl.No. Particulars. Dates. Annex. Pages

1 Dates and Events

2 Stay Application (Under

Chapter XXII Rule 1 of Rules of Court)

3 Writ Petition (Under Article 226 of Constitution of India)

4 Certified as well as typed copy of the impugned First Information Report lodged

by the Respondent no.3

21-03-2016 1

5 A copy of the certificate of

incorporation, MoA & AoA, PAN, TAN, VAT, BIS Application, Shops &

Establishment Application

16-09-2015 2

6 A copy of the board

resolution and the terms of the appointment of the

Petitioner

07-12-2015 3

7 A copy of the advertisements given out by the Company in

national and regional dailies

17-02-2016 &

18-02-2016

4

8 A copy of the email

confirming tie-up with M/s CC Avenue as the authorized

payment gateway

17-02-2016 5

9 A copy of the email from Authorised Payment Gateway

M/s CC Avenue showing receipt of the payment of

approx Rs. 83,57,739 generated through 14965 online orders

29-02-2016 6

10 A copy of the confirmation by Authorised Payment gateway

M/s CC Avenue regarding

27-02-2016 7

1

refund of all funds to

Customers in respect of „Freedom 251‟

11 A copy of the documents

provided to the SHO, Police Station Sector 12/22, Noida,

District Gautam Budh Nagar

13-032016 8

12 A note on cost break-up and

justification

23-032016 9

13 A copy of the Form 32 of both directors Mr. Mohit

Kumar and Mrs. Dharna Garg.

24-09-2015 &

20-02-2016

10

14 Affidavit

15 Copy of the Identity Proof of

the Deponent

16 Vakalatnama

Dated: / /2016;

2


*****

DATES AND EVENTS

IN





Versus

State of U.P. and others -----------------------Respondents.

Sl.No. Dates Events

1 16.09.2015 The Company Ringing Bells Pvt. Ltd was

incorporated with the ROC. The Company is engaged in the business of sale of feature phones, Smart phone &

power banks.

2 07-12-2015 The Petitioner was appointed Consultant for purpose of proposing Business Strategy and given the designation of

President vide board resolution of the Company. The Petitioner was rendering

his services to the Company for the marketing of its products and providing general strategies for operations of the

Company.

3 End of September

2016

The Company decided to launch a smart phone „Freedom 251‟ at the cost of Rs.

251 so that smart phone could be made available for Tier II and Tier III cities and rural areas.

4 17-02-2016

& 18-02-2016

The Company issued advertisement in

various national and regional dailies regarding the launch of smart phone Freedom 251.

5 18-02-2016

The Company, through authorized

payment getaway M/s CC Avenue, started online booking of smart phone Freedom 251, wherein the payment was

to be made by the Individual Customer to the Payment Gateway as is the norm

where the Individual Customer remits money and the Payment Gateway keeps this in a Nodal Account from which the

3

Seller (the Company in this case) can

access the payment only on submission of “Proof of Delivery” through accredited Courier/ Delivery Agencies. Thereafter,

the servers crashed under the virtual deluge of unexpected record traffic .

6 20-02-2016 The online booking was suspended due to excessive internet traffic. Thereafter

the Company switched to “Cash On Delivery” Terms i.e. the Customer

physically pays only when goods are delivered to him. During the course of online booking between 18-02-2016 to

20-02-2016, a Payment of approx Rs 84.00 Lacs for 29,200 Freedom 251 Phones was received by Payment

Gateway M/s CC Avenue.

7 27-02-2016 The Company, on, instructed the Payment Gateway to return all Funds

received and the Payment getaway M/s CC Avenue has confirmed that all funds have been returned to Customer. The

Company now follows „Cash on Delivery‟ model. The Company has not received a single complaint from any Customer

regarding non-refund of the booking advance.

8 13-03-2016 The SHO, Police Station Sector 12/22,

Noida, District Gautam Budh Nagar, at the behest of a complaint received from the Respondent No. 3, sought

information / documents from the Company. The Company provided all the information/documents to the SHO,

Police Station Sector 12/22, Noida, District Gautam Budh Nagar on the same

day. The SHO, Police Station Sector 12/22, Noida, District Gautam Budh being satisfied with the clarification, did

not seek any further clarification from the Company.

9 21-03-2016 The First Information Report registered at the instance of Respondent No. 3 at

Police Station Phase 3, Noida District Gautam Budh Nagar as Case Crime No.

302 of 2016, Under Section 420 I.P.C. & Section 66 of the I.T. Act against the Petitioner.

4

10 The Respondent No. 3 is a powerful and

influential person and may use political pressure to create pressure upon the Investigating Officer to effect the arrest

of the Petitioner.

11 The Petitioner has apprehension of his

arrest by the Investigating Officer without any fault, therefore they are approaching this Hon‟ble Court for

quashing of the impugned First Information Report and interim

protection of arrest stay also.

Hence this writ petition.

Dated: / /2016;

5

First Information Report dated

21.03.2016 registered as Case

Crime No. 302 of 2016, Under Sec

420 I.P.C. & Sec 66, I.T. Act at

Police Station Phase 3, Noida,

District Gautam Budh Nagar.


*****

CRIMINAL MISC. STAY APPLICATION NO. OF 2016

(Under Chapter XXII Rule 1 of Rules of Court)

On behalf of

Ashok Kumar Chadha ---------------Applicant

IN

CRIMINAL MISC. WRIT PETITION NO._________OF 2016



1. Ashok Kumar Chadha, son of Shri

Bishamber Nath Chadha, Resident of C-554,

Ground Floor, Defence Colony New Delhi –

110024, District New Delhi

-------------------------Petitioner/Applicant.

Versus

1. State of U.P. through Principal Secretary, Home,

Government of Uttar Pradesh, Lucknow.

2. Station House Officer, Police Station Phase 3,

Noida, District Gautam Budh Nagar/ Investigating

Officer of FIR No. No. 302 of 2016, Under Sec 420

I.P.C. & Sec 66 IT Act, Police Station Phase 3,

Noida, District Gautam Budh Nagar.

6

3. Shri Kirit Somaiya, son of Shri Jayanti Lal,

Chairman Parliamentary Committee, Resident of

203, Southern Avenue, New Delhi – 110001.

-------------------------Respondents.

To,

The Hon'ble Chief Justice and his other companion

Judges of the Hon'ble Court.

The humble application of the abovenamed Applicant

most respectfully showeth as under:-

1. That, the full facts and circumstances have mentioned

in the accompanying writ petition, which is the part of

present application, it is expedient in the interest of

justice that this Hon‟ble Court may graciously be

pleased to stay the arrest of the Petitioner in

pursuance to the First Information Report dated

21.03.2016 registered as Case Crime No. 302 of 2016,

Under Section 420 I.P.C. & Section 66 I.T. Act at

Police Station Phase 3, Noida, District Gautam Budh

Nagar (Annexure No.1 to this Writ Petition), during the

pendency of the present writ petition before this

Hon‟ble Court .

P R A Y E R

It is, therefore, most respectfully prayed that this

Hon‟ble Court may graciously be pleased to allow this

Application and stay the arrest of the Petitioner in

pursuance to the First Information Report dated

21.03.2016 registered as Case Crime No. 302 of 2016,

7

Under Section 420 I.P.C. & Section 66 I.T. Act at Police

Station Phase 3, Noida, District Gautam Budh Nagar

(Annexure No.1 to this Writ Petition), during the

pendency of the present Writ Petition before this Hon‟ble

Court, failing which Applicant shall suffer irreparable

loss and injury and/or may pass such other and further

order which this Hon‟ble Court may deem fit and proper

under the circumstances of the present case.

Dated: / /2016;

8

First Information Report dated

21.03.2016 registered as Case

Crime No. 302 of 2016, Under Sec

420 I.P.C. & Sec 66, I.T. Act at

Police Station Phase 3, Noida,

District Gautam Budh Nagar.


*****

CRIMINAL MISC. WRIT PETITION NO._________OF 2016


DISTRICT - BASTI

1. Ashok Kumar Chadha son of Shri Bishamber

Nath Chadha, Resident of C-554, Ground

Floor, Defence Colony New Delhi – 110024,

District New Delhi

-------------------------Petitioner.

Versus

1. State of U.P. through Principal Secretary, Home,

Government of Uttar Pradesh, Lucknow.

2. Station House Officer, Police Station Phase 3, Noida,

District Gautam Budh Nagar/ Investigating Officer of

FIR No. No. 302 of 2016, Under Sec 420 I.P.C. & Sec 66

IT Act, Police Station Phase 3, Noida, District Gautam

Budh Nagar.

3. Shri Kirit Somaiya, son of Shri Jayanti Lal, Chairman

Parliamentary Committee, Resident of 203, Southern

Avenue, New Delhi – 110001.

-------------------------Respondents.

To,

The Hon'ble Chief Justice and his other companion

Judges of this Hon'ble Court.

9

The humble application on behalf of the abovenamed

petitioners most respectfully showeth as under:-

1. That, this is the first writ petition on behalf of the

Petitioner being preferred against the impugned First

Information Report dated 21.03.2016 lodged at the

instance of Respondent no.3 before this Hon‟ble Court

and no other writ petition has been filed earlier or

pending before this Hon'ble Court or any other Court

in respect of relief claimed through the present writ

petition.

2. That, the Petitioner has not received any caveat

application from any of the Respondents in this

regard till today.

3. That, by means of the present Writ Petition the

Petitioner is challenging the First Information Report

dated 21.03.2016 registered at the instance of

Respondent no.3 Under Sec 420 I.P.C. & Sec 66 IT Act,

at Police Station Phase 3, Noida, District Gautam Budh

Nagar against the Petitioner. A certified as well as

typed copy of the impugned First Information Report

dated 25.8.2014 lodged by the respondent no.3 is

being annexed herewith and marked as Annexure

No.1 to this Writ Petition.

10

4. That, briefly the facts giving rise to this Writ Petition

are that according to the prosecution case as narrated

in the First Information Report are:

4.1 That Ringing Bells Pvt. Ltd (the Company) was

incorporated with the ROC on 16.09.2015. The

Company is engaged in the business of sale of feature

phones, Smart phone & power banks. The Company

has its registered office in Delhi and the corporate

office in Noida, U.P. The Company has its bank

account in Axis Bank, HDFC Bank and ICICI Bank. A

copy of the certificate of incorporation, MoA & AoA,

PAN, VAT, BIS Application, Shops & Establishment

Application and Bank account statements are being

annexed herewith and marked as Annexure No. 2

(Colly) to this Writ Petition

4.2 That the Petitioner was designated as the President of

the Company vide board resolution dated 07-12-2015,

engaged by the Company in his capacity as a

consultant. That the Company had executed a detailed

terms and conditions for the appointment of the

Petitioner as the consultant of the Company and the

designation of the Petitioner was President. The

Petitioner was rendering his services to the Company

for the marketing of its products and providing

general strategies for the operations of the Company .

The Petitioner was faithfully discharging his duties

11

and in compliance with all applicable laws. A copy of

the board resolution dated 07-12-2015 and the terms

of the appointment of the Petitioner dated 07-12-2015

is being annexed herewith and marked as Annexure

No. 3 (Colly) to this Writ Petition.

4.3 That upon the Company becoming operation, the

Company assessed that there is a huge digital divide

in the country and the need to try and facilitate to

bring all sections of the population onto the platform

of a digital connect whereby all can reap the benefits

of online information and cascade economic benefits

therefrom, the Company at end of September 2015,

decided to launch a smart phone „Freedom 251‟ at the

cost of Rs. 251 so that smart phone could be made

available for Tier II, Tier III and rural areas. The aim

of Freedom 251 is to provide a platform for the digital

connect one and all.

4.4 The Company, in order to advertise the product and to

connect to masses from all over the country, issued

advertisement in various national and regional dailies

regarding the launch of smart phone Freedom 251 on

17-02-2016 and 18-02-2016 in Amar Ujala, Dainik

Jagran, Times of India, Hindustan Times, etc . In this

advertisement, the Company talked about advance

booking of the „Freedom 251‟ wherein the Customer

could pay Rs. 251 and book his order and the phone

12

would be delivered to the Customer by end of June

2016. A copy of the few advertisements given out by

the Company in national and regional dailies is being

annexed herewith and marked as Annexure No. 4

(Colly) to this Writ Petition.

4.5 The Company, through authorized payment getaway

M/s CC Avenue, started online booking of smart

phone „Freedom 251 ‟ on 18-02-2016, wherein the

payment was to be made by the Individual Customer

to the Payment Gateway M/s CC Avenue as is the

norm where the Individual Customer remits money

and the Payment Gateway M/s CC Avenue keeps this

in a Nodal Account from which the Seller (the

Company in this case) can access the payment only on

submission of “Proof of Delivery” through accredited

Courier/ Delivery Agencies. Thereafter, on the first

day itself, the servers crashed under the virtual

deluge of unexpected record traffic. Making an online

booking for „Freedom 251‟ became very difficult . A

copy of the email confirming tie-up with M/s CC

Avenue as the authorized payment gateway is annexed

herewith and marked as Annexure No. 5 to this Writ

Petition.

4.6 That the Online booking initiated by the Company on

18-02-2016 was suspended on 20-02-2016 due to

excessive internet traffic. Thereafter the Company

13

decided to switch to “Cash On Delivery” terms i.e. the

Customer physically pays only when goods are

delivered to him. During the course of online booking

between 18-02-2016 to 20-02-2016, a payment of

approx Rs 84.00 Lacs for 29,200 Freedom 251 Phones

booked online was received by Payment Gateway M/s

CC Avenue. A copy of the email from Authorised

Payment gateway M/s CC Avenue showing receipt of

the payment of approx Rs. 83,57,739 generated

through 14965 online orders is annexed herewith and

marked as Annexure No. 6 to this Writ Petition.

4.7 The Company, in order to avoid any complication and

controversies, on 27-02-2016, instructed the Payment

Gateway M/s CC Avenue to return all funds received

from the Customers for „Freedom 251‟. Thereafter the

Payment getaway M/s CC Avenue had confirmed that

all funds have been returned to Customer who had

booked „Freedom 251‟ through online mode . The

Company now follows „Cash on Delivery‟ model. The

Company has not received a single complaint from any

Customer regarding non-refund of the booking

advance in respect of „Freedom 251‟ . A copy of the

confirmation by Authorised Payment gateway M/s CC

Avenue regarding refund of all funds to Customers in

respect of „Freedom 251‟ is annexed herewith and

marked as Annexure No. 7 to this Writ Petition.

14

4.8 That various governmental authorities such as

Enforcement Directorate, Reserve Bank of India,

Income Tax Authorities, Registrar of Companies, etc

have sought clarifications (information / document)

from the Company and its directors raising doubt

about the nature of business and cost model of

„Freedom 251‟. That the Company has, to the utmost

satisfaction of all authorities, provided all relevant

information / document and no such authorities ever

came again to the Company seeking any further

clarification.

4.9 That the SHO, Police Station Sector 12/22, Noida,

District Gautam Budh Nagar, at the behest of a

complaint received from the Respondent No. 3, sought

information / documents from the Company on 13-03-

2016. The Company provided all the

information/documents to the SHO, Police Station

Sector 12/22, Noida, District Gautam Budh Nagar on

13-03-2016. That there were no further queries /

clarification from the SHO, Police Station Sector

12/22, Noida, District Gautam Budh Nagar. A copy of

the documents provided to the SHO, Police Station

Sector 12/22, Noida, District Gautam Budh Nagar is

annexed herewith and marked as Annexure No. 8 to

this Writ Petition.

15

4.10 That the Respondent No. 3 made various baseless and

false allegations against the Company and its

directors alleging that the Company gave out

misleading advertisement in national and regional

newspapers by using words such as „Make in India‟,

„Digital India‟ and „Skill India‟ and it was a trick by

Company to mislead people to believe that this Project

is under „Make in India‟ initiative by Hon‟ble PM Modi

with the purpose of cheating people. Further, it was

alleged that the Company indulged in illegal

marketing in fraudulent manner inspite knowing that

such advertisement cannot be put out with approval

of BIS and that No permissions were taken by

Company. Further, it was alleged that the Company

advertised and booked order without proper license,

motive being to float a Ponzi scheme. Further, it was

alleged that the Company collected Rs. 251 from

people with the intention to cheat and defraud people.

Further, it was alleged that no details regarding the

cost is given and the advertisement does not mention

the actual cost of the smart phone and that it is not

possible to sell smart phone at Rs. 251. Further, it

was alleged that the Company directors do not have

any DIN. Further, it was alleged that Tricolour was

being used in the advertisement to mislead people.

16

4.11 That having failed to get the first information report

registered at Police Station Sector 12/22, Noida,

District Gautam Budh Nagar, the Respondent No. 3

mischievously, once against filed a complaint at Police

Station Phase 3, Noida District Gautam Budh Nagar .

Thereafter, the Respondent No. 3, using his political

influence and clout, got the First Information Report

registered at Police Station Phase 3, Noida District

Gautam Budh Nagar as Case Crime No. 302 of 2016,

Under Section 420 I.P.C. & Section 66 of the I.T. Act

against the Petitioner.

4.12 That the Respondent No. 3 is a powerful and

influential person and may use political pressure to

create pressure upon the Investigating Officer to effect

the arrest of the Petitioner.

5. That, upon bare perusal of the First Information

Report, it is apparent that the alleged incident took

place on 17-02-2016 & 18-02-2016, while the first

information report has been registered on 21-03-2016

after 33 (thirty three) days without explaining the

reason of delayed in lodging the first information

report. However, the First Information Report states

that there is no delay.

6. That the Respondent, after having failed to get the

first information report registered at Police Station

17

Sector 12/22, Noida, District Gautam Budh Nagar,

mischievously and using his political clout, once

against filed a complaint and got the impugned First

Information Report lodged.

7. That the Respondent No. 3 has no locus to lodge the

impugned FIR. The Respondent No. 3 had not been

caused wrongful loss and no wrongful gain has been

caused to the Company at the expense of the

Respondent No. 3. The Respondent No. 3 has lodged

the impugned FIR using his political clout and to gain

political mileage. The Company has not cheated the

Respondent No. 3 and not induced him to deliver any

property wherein loss has been caused to the

respondent No. 3.

8. That the Company has not misled any customer

through its advertisement on national and regional

dailies. The Company intends to implement the

initiatives of the government in its true spirit. The

Company, through itself and its Associates, would

“Manufacture in India”. The Company would leverage

the „Digital India‟ Opportunity and via our enabler of

the “most affordable product” ensure a platform that

provides an opportunity to every individual in the

hinterland and semi-urban centres to access and

participate in the benefits of “Digital India” and truly

integrate with this tremendous initiaitve. The

18

employment potential that will be created by the

Company and its Associates‟ manufacturing activities,

will require skilled personnel and this would all come

under the Initiative of “Skill India”. The Company

maintains that it shall deliver the most affordable

quality products to our customers through our

various range of smart phones including Freedom 251.

In Freedom 251, the Company shall be able to price

their product at lower than production cost due

innovative E-Commerce cross promotions and it will

complete delivery of the quantities as committed by

Jun 30, 2016. A note on cost break-up and

justification is annexed herewith and marked as

Annexure No. 9 to this Writ Petition.

9. That, the Petitioner is an innocent person and he is a

man of status having good reputation in the society,

but the Respondent no.3 just to humiliate, harass and

lower down the prestige of the Petitioner is bent upon

implicating him by cooking up a false criminal case

against the Petitioner.

10. That, the Petitioner is a peace loving and law abiding

citizen, having no criminal history and his antecedent

are absolutely clean, but he has been falsely

implicated in the impugned First Information Report,

hence same is liable to be quashed.

19

11. That, upon bare perusal of the impugned First

Information Report, no offence is made out against

the Petitioner.

12. That, the allegations made in the impugned First

Information Report does not constitute any offence

under Section 420 I.P.C. & Section 66 I.T. Act, as

such the impugned First Information Report is liable

to be quashed.

13. That, the Petitioners undertakes that he shall never

misuse the liberty of interim protection and also

undertakes that he shall always cooperate with the

investigation and shall not abscond from the

investigation as and when the investigating officer of

the case call upon the Petitioner, he shall immediately

appeared before him. The Petitioner is also ready to

abide all the terms and conditions which this Hon‟ble

High Court may impose upon him.

14. That, the Petitioner has apprehension of his arrest by

the Investigating Officer without any fault, therefore

he is approaching this Hon‟ble Court for quashing of

the impugned First Information Report and interim

protection of arrest stay also.

15. That the Petitioner apprehends that the Respondent

No. 3 will use his high offices to exert pressure on the

20

Respondent No. 2 to get the Petitioner arrested in

order to harass and humiliate him.

16. That, considering the facts and circumstances stated

above, it is expedient in the interest of justice that

this Hon‟ble Court may kindly be pleased to stay the

arrest of the Petitioner in pursuance to the First

Information Report No. 302 of 2016, Under Sec 420

I.P.C. & Sec 66 IT Act, Police Station Phase 3, Noida,

District Gautam Budh Nagar (Annexure No.1 to this

Writ Petition), during the pendency of the present writ

petition before this Hon‟ble Court, failing which

Petitioner shall suffer irreparable loss and injury.

17. That the Petitioner has no any other alternative

efficacious remedy except to approach before this

Hon'ble Court under Article 226 of the Constitution of

India, Inter alia on the following amongst other

grounds :-

G R O U N D S

A. Because, bare perusal of the First Information

Report, it is apparent that the alleged incident took

place on 17-02-2016 & 18-02-2016, while the First

Information Report has been registered on 21-03-

2016 after 33 (thirty three) days without explaining

the reason of delay in lodging the first information

report. However, the First Information Report

21

states that there is no delay in lodging of the First

Information Report.

B. Because, the Respondent, after having failed to get

the first information report registered at Police

Station Sector 12/22, Noida, District Gautam Budh

Nagar, mischievously and using his political

clout, once against filed a complaint at Police

Station Phase 3, Noida District Gautam Budh

Nagar where the impugned first information report

got registered on 21-03-2016.

C. Because the Respondent No. 3 has no locus to

lodge the impugned FIR. The Respondent No. 3 had

not been caused wrongful loss and no wrongful

gain has been caused to the Company at the

expense of the Respondent No. 3. The Respondent

No. 3 has lodged the impugned FIR using his

political clout and to gain political mileage . The

Company has not cheated the Respondent No. 3

and not induced him to deliver any property

wherein loss has been caused to the respondent

No. 3.

D. Because, the ingredients of Section 420 are not

made out because the Company shall take payment

only upon delivery of the smart phone „Freedom

251‟ and has already refunded all advance (Rs. 84

22

lacs) collected from the customers in respect of

Freedom 251. The advance of Rs. 84 lacs that was

collected from the customers was lying with the

authorized Payment Gateway M/s. CC Avenue and

the Company did not earn any interest out the

advances. All advance received by the Payment

Gateway for Freedom 251 (Rs 84 Lacs appx) has

been returned by the Payment Gateway to the

Customer and this amount was never remitted to

Company. The Company never received any money

and is not holding onto or in possession of any

money / advance from any customer. There has

been no cheating or fraudulent inducement of

property to the Company or its directors or any

other personnel of the Company.

E. Because, there is no hidden agenda in the offer of

the Company in respect of „Freedom 251 ‟. That

there is no advance payment so there is no

question of collecting money from any customer.

Hence, no question of committing fraud by the

Company or any of its directors or other personnel .

The Company shall receive all payment only on

“Cash On Delivery” model where a customer pays

for the product only after receiving the product .

The Company has not received or applied for

subsidy from government or any person. Further,

23

the Company has not taken any loan from any

bank / financial institutions or any subsidy from

any govt. organisation.

F. Because, there is no scheme or any motive of a

ponzi scheme to collect money on behalf of the

Company. No advertisement for inviting money

from public was issued by the Company. The

Company had only given an advertisement in

respect of one of its innovative products. Initially,

for on-line booking, payment was to be made by the

Individual to the Payment Gateway as is the norm

where the Buyer remits money and the Payment

Gateway keeps this in a Nodal Account from which

the Seller can access only on sibmission of “Proof

of Delivery” through accredited Courier/ Delivery

Agencies. Thereafter, the servers crashed under the

virtual deluge of unexpected record traffic and

when activity returned “on-line”, the Company had

switched to “Cash on Delivery” terms i.e. the

Customer physically pays only when Goods are

delivered to him. In the short interval till servers

crashed, an a Payment of Rs 84.00 Lacs [appx] for

29,200 Freedom 251 Phones was received by

Payment Gateway M/s CC Avenue. The Company

had instructed the Payment Gateway M/s CC

Avenue on 27-02-2016 to return all funds received

24

and they have confirmed that all funds have been

returned to Customer. The Company now follows

„Cash on Delivery‟ model.

G. Because, the Company has not misled any

customer through its advertisement on national

and regional dailies. The Company intends to

implement the initiatives of the government in its

true spirit. The Company, through itself and its

Associates, would “Manufacture in India”. The

Company would leverage the „Digital India‟

Opportunity and via our enabler of the “most

affordable product” ensure a platform that provides

an opportunity to every individual in the hinterland

and semi-urban centres to access and participate

in the benefits of “Digital India” and truly integrate

with this tremendous initiaitve. The employment

potential that will be created by the Company and

its Associates‟ manufacturing activities, will

require skilled personnel and this would all come

under the Initiative of “Skill India”. The Company

maintains that it shall deliver the most affordable

quality products to our customers through our

various range of smart phones including Freedom

251. In Freedom 251, the Company shall be able to

price their product at lower than production cost

due innovative E-Commerce cross promotions and

25

it will complete delivery of the quantities as

committed by Jun 30, 2016.

H. Because, the Respondent No. 3 has wrongly al leged

that the Company does not have any permission or

licenses. The Company has all the permission and

licenses to run a company. The Incorporation

Certificate, AOA & MOA of the Company is a public

document available with ROC. Other registration /

documents such PAN, TAN, VAT and lease deed are

available and registration under shops &

establishment Act and BIS Approval is currently

pending with government authorities.

I. Because, as the Company was incorporated on

September 16, 2015, the financial documents

(Auditors Report, Balance Sheet, Profit & Loss

Account) are yet to be finalised. The Company is

approx 7 months old with the first financial year

ending on March 31, 2016. All financial documents

will be prepared and uploaded with the ROC.

J. Because, the Company is fully aware of provisions

of applicable laws. As far as the allegation of BIS

approval is concerned, the Company had already

applied for approval with authorities on

17/03/2016. However, no BIS approval is required

for giving out advertisement in a newspaper.

26

K. Because, the Respondent No. 3 has wrongly

imputed that the directors of the Company do not

have Director Identification Number. That there are

only 2 directors in Company – Mr. Mohit Kumar

having DIN 07261137 and Mrs. Dharna Garg

having DIN 07445580. Form 32 in respect of Mr.

Mohit Kumar and Mrs. Dharna Garg has been duly

filed with the ROC. A copy of the DIN and Form 32

of both directors Mr. Mohit Kumar and Mrs.

Dharna Garg is annexed herewith and marked as

Annexure No. 10 to this Writ Petition.

L. Because, the Respondent No. 2 has lodged the

impugned first information report without any

application of mind and without verifying any facts

from the Company. No clarification / query was

sought from the Company.

M. Because, the Petitioner is a senior citizen of 66

years of age, and is not a director of the Company.

He is not involved in the day to day activities of the

Company but his name has also been implicated in

the present First Information Report.

N. Because, the use of the Triclour is not prohibited

as long as it is not in violation of applicable laws

i.e. The Prevention of Insults to National Honour

Act, 1971 and The Flag Code of India, 2002. The

27

Company is proud to be an Indian company and

hopes to revolutionise the smart phone industry.

O. Because, the Petitioner is an innocent person and

he is a man of status having good reputation in the

society, but the Respondent no.3 just to humiliate,

harass and lower down the prestige of the

Petitioner is bent upon implicating him by cooking

up a false criminal case against the Petitioner. The

Petitioner had uploaded the copy of the impugned

first information report on twitter on 23-03-2016 in

order to defame and Company and its directors and

the Petitioner.

P. Because, the Petitioner is a peace loving and law

abiding citizen, having no criminal history and his

antecedents are absolutely clean, but he has been

falsely implicated in the impugned First

Information Report, hence same is liable to be

quashed.

Q. Because, bare perusal of the impugned first

information report no offence is made out against

the petitioners.

R. Because, the allegation made in the impugned first

information report does not constitute any offence

under Section 420 & Section 66 I.T. Act, as such

28

the impugned First Information Report is liable to

be quashed.

S. Because, the Petitioner undertakes that he shall

never misuse the liberty of interim protection and

also undertakes that he shall always cooperate

with the investigation and shall not abscond from

the investigation as and when the investigating

officer of the case call upon the Petitioner, he shall

immediately appear before him. The Petitioners is

also ready to abide all the terms and conditions

which this Hon‟ble Court may impose upon him.

T. Because, the Petitioner has apprehension of his

arrest by the Investigating Officer without any

fault, therefore he is approaching this Hon‟ble

Court for quashing of the impugned First

Information Report and interim protection from

arrest also.

P R A Y E R

It is, therefore, most respectfully prayed that this

Hon‟ble Court may graciously be pleased to: -

I. Issue a writ, order or direction in the nature of

certiorari quashing the impugned First Information

Report dated 21.03.2016 registered as Case Crime

No. 302 of 2016, Under Section 420 I.P.C. &

Section 66 I.T. Act at Police Station Phase 3, Noida,

29

District Gautam Budh Nagar (Annexure No.1 to this

writ petition).

II. Issue a writ, order or direct ion in the nature of

mandamus commanding the Respondent No. 2 not

to arrest the Petitioner in pursuance of impugned

First Information Report dated 21.03.2016

registered as Case Crime No. 302 of 2016, Under

Section 420 I.P.C. & Section 66 I.T. Act at Police

Station Phase 3, Noida, District Gautam Budh Nagar.

III. Issue any other suitable writ, order or direction

which this Hon‟ble Court may deem fit and proper

in the circumstance of the case.

IV. to award costs of the writ petition to the Petitioner.

Dated: / /2016;

30


-----

ANNEXURE NO.(1)

IN





Versus


**********************

******************

--------contd.

31


-----

ANNEXURE NO.(2)

IN





Versus


**********************

******************

--------contd.

32


-----

ANNEXURE NO.(3)

IN





Versus


**********************

******************

--------contd.

33


-----

ANNEXURE NO.(4)

IN





Versus


**********************

******************

--------contd.

34


-----

ANNEXURE NO.(5)

IN





Versus


**********************

******************

--------contd.

35


-----

ANNEXURE NO.(6)

IN





Versus


**********************

******************

--------contd.

36


-----

ANNEXURE NO.(7)

IN





Versus


**********************

******************

--------contd.

37


-----

ANNEXURE NO.(8)

IN





Versus


**********************

******************

--------contd.

38


-----

ANNEXURE NO.(9)

IN





Versus


**********************

******************

--------contd.

39


-----

ANNEXURE NO.(10)

IN





Versus


**********************

******************

--------contd.

IN THE HIGH COURT OF JUDICATURE AT … IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD ***** DATES AND...

Documents

Transcript of IN THE HIGH COURT OF JUDICATURE AT … IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD ***** DATES AND...