Rakesh (CCCCCC) 27 January 2010

Complaint Under Section 200 Cr PC

I worked for a US Company (A) and resigned. I opened up a company in India in the same field. Company A filed a private complaint under section 190 and 200 of Cr PC. Also, a Civil case was filed under Section 52 of Copyright Act and the civil case proceedings has been started. I am not sure about Private Complaint.

Is the Private Complaint maintainable?

If the Judge orders Police Investigation based on Private Complaint, what could happen?

How should I request for dismissal of Private Complaint?

I appreciate your valuable suggestions. Thank you.

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4 Replies

Adesh Kumar Sharma (Senior Associate Lawyer) 27 January 2010

Dear what are the alligations in criminal complaint filed under section 200. You please state the particulars, thereafter any opinon can be given.

Thanking you.

Rakesh (CCCCCC) 28 January 2010

Dear Adesh:

Private Complaint: U/S 190 & 200 Cr. P.C. Offences - Section 420, 406, 278, 463, 464 of IPC. Section 63, 69 of Copyright Act 1957. R.W.S. 65, 72 of IT Act 2001

Civil Suit: Section 51 of Copyright Act ,1957.

Basic allegations are I stole the data while I was working for that US Company, and using the same data at my new company for sale.

Thank you for your suggestions.

Anil Agrawal (Retired) 02 February 2010

You better engage a lawyer well versed in criminal cases.

A Truthseeker ( A retired Indian citizen) 09 February 2010

as ther e is allegation that you have stole the data there would be investigation to that effectr and if any prima facie case is found charge would have to be faced by you. at this stage there is no way to quash the proceedings.