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The replication of any information contained in a document can be the subject of theft, which may result into wrongful loss, even if the original document was only temporarily removed from its lawful custody for the purpose of extracting the information contained therein.
The word ‘document’ is defined under Section 29 of the Indian Penal Code (IPC), wherein it is included in ‘movable property’ within the meaning of Section 21 of IPC and also the information contained thereon in the documents would also fall within the purview of the “corporeal property” and can be the subject matter of the theft.
The division bench comprising of Justice R. Bhanumati and Justice R. Subhash Reddy quashed all the criminal cases which were lodged against some shareholders of a company who used some documents belonging to the company in judicial proceeding is to substantiate their case namely “oppression and mismanagement” of the administration of the company and their plea in other pending proceedings.
The bench while quashing the plea was of the view that when a bonafide dispute exists between the parties as to whether there are oppression and mismanagement, there is no question of wrongful gain and wrongful loss to anyone. So the ingredients of theft were not made out.
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