- (1.) The matrix of the facts & material, culminating in the commencement, relevant for deciding the instant petition, to refer the investigation of the case to Central Bureau of Investigation (for brevity "the CBI") and emanating from the complaint of petitioner-complainant Naresh Kadayn son of Om Parkash Kadayn (for short "the complainant"), which formed the basis of FIR (Annexure P1), is as under:- "Sir, Kindly refer to the eBay India online shopping mall alongwith the California based company ICON for manufacturing a range of shoes with the Lord Buddha's image and these shows with Lord Budha image are promoting by eBay India online shopping mall her in India. Whereas it hurt our scultments (Sic. sentiments) and it is totally against Buddhist sentiment putting Lord Buddha's image on footwear is unethical. It would be pertinent to mention here that being a Gandhian idiologist, Philosopher, social reformer and internationally renowned animal rights activists I feel that these kinds of insulting activists be banned all objections able stock may kindly be seized in India because trading of objectionable footwear can damage social fabric and brotherhood of the country and if can disturb our peace national integrity and harmony, whereas National integration is the awareness of a common identity amongst the citizens of a country. It means that though we belong to different castes, religions and regions and speak different languages we recognize the fact that we are all one and respect all religion. This kind of integration is very important in the building of a strong and prosperous nation. /ebay.com/sch/1.hun1?trksid=p5197 m570n313 & nkw-incon+Buddha+shoes & saca=0 hence you are humbly requested to lodge FIR for the violation of the IT Act 2009 section 66-A read with the IPC section 295, 295A, 120B against the eBay India online shopping mall alongwith the ICON shoe manufacturing "Thangka of the Buddha" brand company and ban all relevant website in India alongwith facebook page /facebook.com/iconshoesandhanbbags."
(2.) Sequelly, in the background of these allegations and in the wake of complaint of the complainant, the present case was registered against the accused company (respondent No.2), vide FIR No.349 dated 1.9.2012 (Annexure P1), on accusation of having committed the offences punishable u/ss 295A, 120-B IPC and section 66-A of The Information Technology Act, 2000 (hereinafter to be referred as "the IT Act") by the police of Police Station Model Town, Rewari.
(3.) After registration of the case, the private respondent-accused had earlier filed the petition, bearing CRM No. M-30608 of 2012 to quash the impugned FIR (Annexure P1). Thereafter, the matter was transferred and investigated by the State Crime Branch, Panchkula. During the course of investigation, it revealed that hosting of web page in question was created from abroad and not from India. Consequently, the investigating agency came to the definite conclusion that since no pointed offences were committed by the accused company within the territorial jurisdiction of India, so, the cancellation report dated 11.4.2013 (Annexure R1) was submitted by it in the Court. Consequently, in view of the cancellation report, the first petition to quash the impugned FIR was dismissed as having become infructuous, by means of order dated 17.1.2014 by a Coordinate Bench (M.Jeyapaul, J.) of this Court.;