David Mathai's FIR Quashed by Karnataka HC

High Court of Karnataka, Bengaluru

13 June 2022

Petition filed under Section 482 of the CrPC by David Mathai, aged about 66, resident of Bengaluru, seeking quash of FIR No.172/2019 registered on 16 July 2019 by Indiranagar Police Station, Halasuru Sub‑Division.
Respondents: State of Karnataka (represented by State Public Prosecutor) and Sunil S Patil, Senior Intelligence Officer, Directorate of Revenue Intelligence, Bengaluru.
FIR alleged that e‑seals supplied by IB Track Solutions Pvt Ltd were tampered, that tampering alerts were switched off, allowing containers with compromised seals to clear customs; offences under IT Act §§66(C), 72(A) and IPC §§406, 420, 34 were cited.
Petitioner's counsel argued he is not the Managing Director of IB Track Solutions as alleged; produced Articles of Association and Ministry of Corporate Affairs master data showing only Sudhendra Dankanikote and K.N. Anil Kumar as directors.
Respondent State argued FIR sufficiently discloses commission of offences by petitioner.

The Court held that, in the absence of any material linking petitioner to the alleged offences and given the documentary proof that he is neither Managing Director nor director of the accused company, the FIR as it relates to petitioner‑accused No.3 is without substance.
The Criminal Petition is allowed; FIR No.172/2019 is quashed insofar as it concerns David Mathai.
Police are free to continue investigation against the remaining accused; the petition file is consigned to the record room.

Legal Proceedings, IT Act Enforcement, Corporate Governance