Anwar A Khan is Advocate at the High Court of Delhi, Republic of India. He has been the defense attorney in many high profile cases including the multi-crore Telgi stamp scam, the Red fort encounter in Delhi and case under the Official Secrets Act involving senior Army officers
In a major move against business issues being camouflaged as criminal complaints under Cyber Law provisions, the High Court of Delhi, India, recently quashed an FIR (First Information Report) in a BPO data theft case. The FIR No. 370/2005 was registered under the provisions of Section 66 of the Information Technology Act, combined with sections of the IPC by the Delhi Police in July 2005 and was based on a complaint by M/s Parsec Technologies Ltd against Biplab Saha and three other ex-employees who had started their own offshore outsourcing business after leaving the company.
During the pendancy of the trial in District Court of the ACMM, Karkardooma, Delhi, Biplab Saha and the other accused approached the High Court of Delhi for quashing of the FIR.
Advocates of R.M TUFAIL & CO., including R.M. Tufail, Anwar A Khan and Vishal Sejpal, represented Biplab Saha & the other petitioners in the Delhi High Court, and successfully argued their case for quashing the FIR in hearings that spread over 2 months between March & April of 2009.
In her ruling Hon’ble Justice Ms. Reva Kethrapal of the High Court of Delhi, commented that continuance of criminal proceedings against the petitioners would be an exercise in futility, which could only result in wastage of the time of the Court and expense to the public exchequer, and ordered the FIR bearing no. 370/2005 and all proceedings emanating therefrom be quashed.
Complete text of the order is available online on the Delhi High court website at the link below
http://courtnic.nic.in/dhcorder/dhcqrydisp_O.asp?pn=69416&yr=2009
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