Rule. By consent heard forthwith.

2. The petitioner is the promoter and Director of M/s. Utsav Safety Systems Private Limited and is a manufacturer of registration number plates for motor vehicles.

3. In this petition, the petitioner seeks the quashing of F.I.R. No.319/2009 registered against the petitioner under Sections 418, 420, 471 r/w 34 I.P.C. Some facts need to be stated to understand the controversy and to dispose off this petition.

4. The Respondent No.3 is also a manufacturer of number plates. Respondent No.3 has entered into a concession agreement dated 29-2-2008 with Respondent No.1 for implementation of Rule 50 of the Central Motor Vehicles Rules, 1989 in the State of Goa. The complaint by letter dated 15-9-2009 came to be filed against the petitioner pursuant to Clause 9 of the said agreement which provides that:-

"In the event of any passing off or forgery being detected and brought to the notice of the Concessionaire, the Concessionaire or his agent shall immediately intimate the Registering Authority who shall on the basis of such intimation register a criminal complaint against such individuals, firms and companies who have indulged in the said acts. The State Government shall lodge a complaint, prosecute and pursue strict penal action against any person or firm who may seek to sell HSRP and Non .. HSRP number/License plates in the State of Goa".

5. Rule 50 of the said Rules, as amended, providing fitment of HSRPs (High Security Registration Plates) with a view to prevent use of stolen vehicles for criminal activities was to come into force from 28-9-2001 for new vehicles and within a period of two years thereafter in respect of already registered vehicles. The date of implementation was shifted from time to time. At one time it was 1-1-2004 and then 31-10-2006. Rule 50 came to be implemented in the State of Goa from 3-8-2009.

6. A HSRP in terms of Rule 50 and as advertised by the Government of India, from time to time, is required to have the following features:-

A 1.0 m aluminium plate

* Letters in black colour on yellow background for commercial vehicles

* Letters in black colour on white background for non-commercial vehicles

* Letters in English and the figures in Arabic numerals

* Rounded border edges and corners of approx.10mm.

* Embossed borders

* Security inscription of the black hot stamp film used to colour the embossed legend of the license plate hand side just below the words IND as a sequential identification of individual license plates across the country and as a watermark that cannot be erased.

* Fastening by snap locks to prevent removal and reusability

* A hot stamped hologram with the image of "CHAKRA"

* High quality laminated and embossed retro effective sheeting

* High quality laminated and embossed retro reflective sheeting

* Third License Plate(TLP) sticker on wind screen. It is a self-destructive self-adhesive sticker containing all information pertaining to the vehicle's registration and serves as double secure identification mark.

* Only Regional transport Offices can authorize High Security Registration Plates after the necessary verifications. This directive is already implemented in meghalaya, Sikkim and Goa and will soon be issued all over India.

7. The said advertisement also cautions that in States where this directive is not implemented yet, all vehicle owners are requested to use normal number plates devoid of any fancy lettering or design as per gazette notification number G.S.R. 901(E) dated 13th December, 2001. These normal number plates have letters in black on a white background for non-commercial vehicles and letters in black colour on a yellow background for commercial vehicles.

8. The above security features have been obtained from ARAI (The Automative Research Association of India) a research institution with the Ministry of Commerce and Industry, Government of India.

9. The petitioner was not short listed by the Government of Goa, for want of five