Shailabh Jain v. State of Madhya Pradesh

Shailabh Jain v. State of Madhya PradeshILR 2013 MP 2747In the Excessive Courtroom of Madhya PradeshM.Cr.C. 7894/2013Before Justice N.Okay. GuptaDecided on November 01, 2013

Relevancy of the case: Ought to an affected social gathering method the Adjudicating Officer first earlier than submitting a grievance with the police?

Statutes and Provisions Concerned

The Data Expertise Act, 2000 (Part 46, 78, 85)
The Code of Legal Process, 1973 (Part 154, 227, 482)
The Indian Penal Code, 1860 (Part 420, 468)

Related Info of the Case

The applicant uploaded a web site with a gorgeous funding scheme. Right here,  a client deposits ₹7,500 as a membership cost, and they’re going to obtain a sum of ₹1000 per thirty days for 11 months.
The complainant deposited an quantity of ₹45 lakhs to the candidates by contacting varied shoppers and creating totally different IDs.
Initially, the candidates despatched some SMS to the buyer concerning the deposit of their cash in a financial institution, however no quantity was discovered to be really deposited.
The candidates later shifted their department workplace, after which no contact occurred between them and the shoppers.

Distinguished Arguments by the Advocates

The applicant’s counsel argued that bypassing the Adjudicating Officer beneath Part 46 renders it unimaginable to file a grievance earlier than the Justice of the Peace. The counsel argued that the FIR, filed by the candidates on behalf of the corporate, necessitates making the corporate a celebration to the case. Within the remaining submission, the counsel for the candidates asserted that the process of the Code of Legal Process, 1973, was not adopted. The complainant immediately approached the IG Police and filed a grievance.
The prosecution’s counsel submitted that the applicant’s web site dedicated varied offences beneath the Data Expertise Act, 2000, and the Indian Penal Code, 1860.

Opinion of the Bench

Chapter XI of the Data Expertise Act, 2000 doesn’t require taking the Adjudicating Officer’s opinion earlier than registering FIR.
The discovered Periods Decide rightly rejected the contentions for including the corporate as an accused within the current case.
Even when an IG provides instructions for registering the case, the applicant has no disadvantages.

Last Choice

The courtroom dismissed the petition.

Yagyanseni Acharya, an undergraduate scholar at VIT College of Legislation, Chennai, ready this case abstract throughout her internship with The Cyber Weblog India in January/February 2024.