Debi Prosad Dey, J. - (1.) This is an application under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure for quashing the First Information Report being Cyber Police Station case no. 123 of 2017 dated 17th October, 2017 under Sections 66C/66D/84B of the Information Technology Act, 2000 read with Sections 120B/419/420/467/468/471 of The Indian Penal Code pending before the learned Chief Metropolitan Magistrate, Calcutta.
(2.) Learned advocate for the petitioner contends that the First Information Report does not disclose as to the persons who said to have been cheated by the petitioner and therefore, there is absolutely no material under Section 419/420 of the Indian Penal Code to investigate. It is further submitted that on the basis of the authorisation by the Company Law Board the petitioner has been running a call centre and the said call centre has been authorised by the Company Law Board. It is further submitted that fifty employees have been working under the petitioner and without having any basis, reason or rhyme the call centre has been sealed by the investigating authority. In support of his contention, learned advocate for the petitioner has also referred to a decision reported in (2013) 2 SCC 801 in the case of Arun Bhandari..Appellant v. State of Uttar Pradesh and ors. ..Respondents .
(3.) It is apparent from the said decision that the matter was taken up by the Hon'ble Apex Court after taking cognizance of the offence i.e. after completion of the investigation by the appropriate authority. In the case, under reference, the petitioner is praying for quashing of the First Information Report.;