Rosmi Sebastian v. Mather Projects Private Ltd
In the High Court of Kerala
Crl.M.C. No. 3257/2015
Before Justice B. Kemal Pasha
Decided on September 28, 2015
Relevancy of the case: Whether a case registered under Section 43(b) r/w 66 of the IT Act, 2000 can be referred for mediation?
Statutes & Provisions Involved
- The Information Technology Act, 2000 (Section 43(b), 66)
- Criminal Procedure Code, 1973 (Section 239, 482)
Relevant Facts of the Case
- The petitioner (Rosmi Sebastian) herein is arrayed as the accused in C.C.No.26 of 2014 arising from Crime No.816 of 2013 of Central Police Station for offences punishable under Sec.43(b) r/w Sec.66 of the Information Technology Act, 2000
- The allegation on the petitioner was that while working as Sales Officer in the 2nd respondent Company (Mather Projects Private Ltd.), she had taken client database from the official laptop and copied to the personal hard-disc without the permission of the Company.
- Rosmi Sebastian (petitioner) filed a petition with a prayer, requesting proceedings in C.C.No.26 of 2014 of Chief Judicial Magistrate Court, Ernakulam to be quashed.
Prominent Arguments by the Advocates
- The council on behalf of the petitioner pointed out that this dispute is among the members of the same family in respect of company and hence requested that matter can be referred to a mediator so that mediation can be attempted.
Opinion of the Bench
- There are serious allegations against the petitioner, hence the court cannot refer the case for mediation.
- The correctness of allegation against petitioner cannot be gone through by the court on merits as it is a matter which requires evidence.
- The Crl.M.C. is dismissed by giving the petitioner liberty to file an application before the court under Section 239 of Cr.P.C.