CHANDRA DHARI SINGH,J. - (1.) By means of instant petition under Section 482 of Cr.P.C., the petitioner has prayed for quashing the proceedings of Complaint No.853 of 2017 (M/s Apoorva Infratech Private Limited through Sri Amar Krishna v. Prakash Satya Narayan Srivastava), under Sections 380, 406, 420, 447, 467, 468, 471 IPC, District Lucknow pending in the court of learned IVth Additional Chief Judicial Magistrate, Lucknow.
(2.) Brief facts of this case are that the complainant M/s Apoorva infratech Pvt. Ltd. is a company registered under the Companies Registration Act, 1956 having its registered office at C-29, 2nd Floor, Defence Colony, New Delhi and Branch Office at Sunrays House, B-985, Sector-A, Mahanagar, Lucknow. The petitioner is an employee of the complainant. The petitioner was terminated from service on 01.03.2013 with the allegation that he had theft/ stolen several documents from the branch office by entering into the branch office without having any right to do so on 08.12.2012 by breaking the lock of the company and accordingly committed criminal trespass. The petitioner had also taken away certain blank stamp papers issued in the name of Sunray's Colonisers' and Homfin Ltd. The complainant company moved a criminal complaint on 08.05.2017 against the petitioner in the court of learned Chief Judicial Magistrate, Lucknow for taking cognizance under Sections 380, 381, 406, 420, 447, 467, 468, 471 IPC and summoned him. The statement of complainant and witnesses had been recorded under Sections 200 and 202 of Cr.P.C. and after considering the averments contained in the complaint and the statements recorded under sections 200 and 202 of Cr.P.C., the learned Magistrate vide order dated 28.09.2017 issued summoning order to the petitioner under Sections 380, 406, 420, 447, 467, 468, 471 IPC.
(3.) Learned Counsel for the petitioner has submitted that the incident was taken place in the year 2012 but the complaint was filed in the year 2017 without any explanation. The allegation made by the complainant in the complaint is totally false, concocted and baseless. It has been filed due to malafide intentions only to harass the petitioner.;