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TMI Blog2013 (2) TMI 546X X X X Extracts X X X X X X X X Extracts X X X X ..... anies specifically – No offence can be said to survive against the petitioners and the prosecution of the petitioners is fit to be quashed on this score as well. Further the case of Maharashtra State Electricity Distribution Co. Ltd. [2010 (10) TMI 83 - SUPREME COURT OF INDIA] is relevant here, wherein it was decided that it is trite law that wherever by a legal fiction the principle of vicarious liability is attracted and a person who is otherwise not personally involved in the commission of an offence is made liable for the same, it has to be specifically provided in the statute concerned – As even on the plain reading of the FIR, there is no role assigned to the directors, the continuance of the criminal proceeding against them cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was imposed upon M/s. Sheo Narayan P. Ltd., and for the similar lapses, the penalty of ₹ 5,21,94,912 was imposed upon the other company, namely, M/s. Ellen Breweries and Distilleries P. Ltd., and the petitioners, being the directors of the company, were made accused. It may be stated that from perusal of the FIR and the fact statements attached thereto, it appears that there is no allegation whatsoever against the petitioners, nor the role of the petitioners in commission of the alleged offence as the directors of the company is mentioned ; rather it is apparent that the allegation is solely against the companies in both the matters. It may thus, be stated that against these petitioners, who have been made accused in the FIR, there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned counsel appearing for the petitioners has submitted that from perusal of the FIR, it would appear that no role whatsoever is assigned against these petitioners and it is well-settled principle of law that the legal fiction of the principle of vicarious liability cannot be attracted and a person who is otherwise not personally involved in the commission of an offence cannot be made liable for the same, unless it is specifically provided in the statute concerned. It has been submitted that there is no provision for vicarious liability in section 49 of the Bihar Finance Act. Learned counsel has, accordingly, submitted that even if all the facts stated in the FIR are accepted in toto, no offence can be made out against the petitioners and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pany itself . (emphasis supplied). 7. In this connection, learned counsel has also placed reliance upon the decision of the hon ble Supreme Court of India in the case of Sham Sunder v. State of Haryana [1989] 4 SCC 630, where it has been held as follows (page 632) : 9. But we are concerned with a criminal liability under penal provision and not a civil liability. The penal provision must be strictly construed in the first place. Secondly, there is no vicarious liability in criminal law unless the statute takes that also within its fold. (emphasis supplied). 8. In this connection, reliance has also been placed upon the decision of the hon ble Supreme Court of India in the case of Monaben Ketanbhai Shah v. State of Gujarat [2004] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CC 335, has been cited with approval by the hon ble Supreme Court of India in this case, in which, the illustrative categories for exercise of power under section 482 of the Code of Criminal Procedure, 1973, have been detailed. In paragraph 13, in this decision, it has been held that the court should not act on annexures to the petitions under section 482 of the Code, which cannot be termed as evidence without being tested and proved. 11. In this connection, learned G. A. has also placed reliance upon the decision of the hon ble Supreme Court of India in the case of State of Bihar v. Mohmmad Khalique [2002] 1 SCC 652, wherein it has been held that at the initial stage, the High Court should not interfere with the investigation of a case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the hon ble Supreme Court of India has also laid down the law as follows (page 698) : 8....In exercise of the powers, court would be justified to quash any proceeding if it finds that initiation/continuance of it amounts to abuse of the process of court or quashing of these proceedings would otherwise serve the ends of justice. When no offence is disclosed by the complaint, the court may examine the question of fact. When a complaint is sought to be quashed, it is permissible to look into the materials to assess what the complainant has alleged and whether any offence is made out even if the allegations are accepted in toto. (emphasis supplied). 14. In the facts of this case, I am of the considered view that this matter is fully cov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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