Neutral Citation No. - 2025:AHC:135162 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 8858 of 2025 Petitioner :- M/S Synapseindia Outsourcing Pvt Ltd Respondent :- State of U.P. and Another Counsel for Petitioner :- Aushim Luthra,Pranav Tiwary Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed the following reliefs:- "i. Issue a direction setting aside the impugned order dated 16.09.2023 passed by the learned Additional Civil judge (Junior Division)-2/ Judicial Magistrate, Gautam Buddh Nagar in Complaint case Number 28952/2023 (M/s Synapselndia Outsourcing Pvt. Ltd. V. Sharvan Kumar) vide which the complaint of the petitioner has been rejected under section 203 Cr.P.C. ii. Issue a direction setting aside the impugned judgement and order dated 07.07.2025 passed by the Additional District and Sessions Judge, Gautam Buddh Nagar, passed in Criminal Revision No.480 of 2023 (M/s Synapselndia Outsourcing Pvt. Ltd. Vs. State of U.P. and Another) vide which the Revision of the petitioner filed against the order dated 16.09.2023 has also been rejected. iii. Issue a direction that the proceedings be initiated against the accused Respondent no.2 in exercise of powers under section 204 Cr.P.C. and he be summoned to face trial." It has been submitted by learned counsel for the petitioner that the petitioner moved a complaint against the respondent No. 2 to proceed under Sections 415, 418 and 420 Indian Penal Code, 1860, Sections 66, 66B and 72A of Information and Technology Act, 2000 and Sections 63B and 64 of the Copyright Act, 1957. However, the learned Magistrate without application of mind had rejected the complaint under Section 203 Cr.P.C. It has further been submitted that there was sufficient material on record and the statement of the complainant and the witnesses recorded under Sections 200 and 202 Cr.P.C. From the perusal of the complaint, it transpires that a cognizable offence is made out. Considering the aforesaid facts and circumstances of the case, it is hereby directed that the orders dated 16.09.2023 and 07.07.2025 are liable to be set aside and the matter is hereby remitted back to the Court concerned to reconsider the material available on record and pass afresh order in accordance with law after giving opportunity of hearing to both the parties, as expeditiously as possible, if there is no other legal impediment. With the aforesaid directions, the petition is disposed of. Order Date :- 11.8.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad