Kerala High Court M/S. Spiral Information Systems vs The Assistant Commissioner Of Police PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN THURSDAY, THE 10TH DAY OF SEPTEMBER 2015/19TH BHADRA, 1937 WP(C).No. 18834 of 2015 (D) PETITIONER : M/S. SPIRAL INFORMATION SYSTEMS CC NO.34/1149, (BMRA 17) BALAKRISHNA MENON ROAD EDAPPALLY,ERNAKULAM 682 024 REPRESENTED BY ITS MANAGING PARTNER N.A.AUGUSTINE. BY ADVS.SRI.ASWIN GOPAKUMAR SRI.ANWIN GOPAKUMAR SRI.K.AMAL NATH NAIK SMT.DEEPTI SUSAN GEORGE SRI.ARJUN RADHAKRISHNAN NAIR SMT.ANUSREE SURESH RESPONDENTS : 1. THE ASSISTANT COMMISSIONER OF POLICE OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE THRIKKAKARA, ERNAKULAM 682 021. 2. THE SUB INSPECTOR OF POLICE KALAMASSERY POLICE STATION, SOUTH KALAMASSERY ERNAKULAM 683 104. 3. CENTRE FOR DEVELOPMENT OF ADVANCED COMPUTING (CDAC) P.B NO.6520, VELLAYAMBALAM THIRUVANANTHAPURAM 695 033. 4. RESHIMON K.R S/O.K.A.RAJAN, KAROOTVEEDU, MUPPATHADAM P.O ALUVA, ERNAKULAM 683 103. R1 BY GOVERNMENT PLEADER SMT.SAREENA GEORGE R4 BYADVS. SRI.K.R.VINOD SMT.M.S.LETHA MS.JENCY SUSAN JOSE SRI.V.SRI NATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 1009 2015, ALONG WITH WPC. 25808/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18834 of 2015 (D) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1. COPY OF THE LEGAL NOTICE DATED 3.1.12 SENT BY THE PETITIONER TO THE 4TH RESPONDENT. EXHIBIT P2. COPY OF THE REPLY NOTICE DATED16.1.12 SENT BY THE 4TH RESPONDENT TO THE PETITIONER. EXHIBIT P3. COPY OF THE FIR DATED10.3.12 IN CRIME NO.468/12 REGISTERED BY THE KALAMASSERY POLICE STATION. RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A TO JUDGE AV K.RAMAKRISHNAN, J. W.P.(C).Nos.18834 & 25808 of 2015 Dated this the 10th day of September, 2015 J U D G M E N T W.P.(C).No.18834/2015 was filed by the petitioner for directing the 4th respondent to conduct proper investigation and to expedite the investigation. W.P.(C).No.25808/2015 was filed by the same petitioner against the same respondents seeking direction to the 2nd respondent to include certain offences also in the First Information Report, under Article 226 of the Constitution of India. 2. It is alleged in both the petitions that, the petitioner is a partnership firm registered under the Indian Partnership Act, 1932 and engaged in the business of software development and export, consultancy and software solutions. The petitioner is represented by its Managing Partner. The petitioner is a reputed Software Development and Solution company and they are having contact with several reputed companies of this nature all over the world and they are based their development out of Republic of South Africa. The 4th respondent had joined the services of the petitioner as a Software Developer and Software Tester in the year 2003 and in the same year two other persons by name Jyothish.P and Jithin.E were also joined in the services of the petitioner respectively as Software Developer and Software Tester. During the course of their employment, the 4th respondent along with the above said persons W.P.(C).Nos.18834 & 25808 of 2015 2 had worked on an Enterprises Software/Enterprises Management Solutions in the name and style "Accent" developed by the petitioner. It was a Product developed and perfected by the petitioner over a period of five years by spending more than 75 lakhs. Though the Software Product was primarily meant for application in the telecommunication industry, it could be customised to suit the need of any organisation or business enterprise. During the year 2008, due to the distinct and useful features of the Software Product, t