RANJANA DESAI,J. - (1.) THE petitioner is a Software Development Company. It serves as an Offshore research and development unit for Jolly International. The engineers of the company work on key research projects including the design and implementation of innovative new features for Jolly International product line. It is the case of the petitioner that Jolly international maintains all copyright with regard to the product line and is protected by United States International Copyright laws.
(2.) ACCORDING to the petitioner, one Ms.Sudha Iyer who has filed an intervention application in this case was employed by the company as a trainee on trial basis. Ms.Sudha Iyer had entered into an agreement with the petitioner promising that all secrets of the company would be kept intact. According to the petitioner relying upon her representation, Ms.Sudha Iyer was assigned the work as a trainee to enable her to learn various technologies developed by the company. According to the petitioner, as per the agreement she was prohibited from violating confidentiality and she was required to abide by all the rules and policies of the petitioner. According to the petitioner on 19/07/2004, Ms.Sudha Iyer was informed that she had been moved from the Print Studio research and development project to a new project and she should no longer work on any Print Studio source code or access any document related to that project. However, on 19/07/2004 Ms.Sudha Iyer exported the confidential files that she had obtained in the company via her personal e-mail account. She moved various confidential files of the company from the Manager's account to her personal account by way of which she could open and download the confidential files of the company from any source outside the company.
(3.) ACCORDING to the petitioner as Ms.Sudha Iyer moved the confidential information saved under the Prints Studio project including the important information related to the Identity Cards of Navy and Army of the United States and forwarded it by e-mails to her own e-mail account, the petitioner filed a complaint with the Cyber Investigation Cell at Worli. As the police did not register the FIR, the petitioner has filed this petition praying that the police be directed to register the offence in respect of the petitioner's complaint.;