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TMI Blog2017 (3) TMI 1890X X X X Extracts X X X X X X X X Extracts X X X X ..... ounsel for the petitioner and learned High Court Government Pleader for the respondent - State, the same are taken up for final disposal. 2. So far as the maintainability of the present criminal revision petitions under Section 397 of the Cr.P.C. are concerned, Sri Udaya Holla, learned senior counsel, submitted that the revision petitions are maintainable as the impugned orders passed by the learned Magistrate deciding to summon the accused in exercise of his power under Section 200 Cr.P.C. would be an order of intermediatory or quasi-final in nature and not interlocutory in nature as held by the Hon`ble Supreme Court in paragraph No.21.1 of the judgment rendered in the case of Urmila Devi vs. Yudhvir Singh reported in (2013) 15 Supreme Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 4. Sri Udaya Holla contended that the impugned orders of the learned Magistrate taking cognizance of the offences alleged against the petitioner are wholly illegal because the complaints are against an individual in his capacity as a Director of M/s. Metro Cash and Carry India Private Limited. 5. He contended that if a body Corporate has to be prosecuted by the State, it is imperative that the Corporate entity must be made as an accused and unless the Company is arraigned as one of the accused, only one or more Directors in the Company cannot be proceeded against. In support of his contention, he has placed reliance on paragraph No.58 of the judgment of the Hon`ble Supreme Court in the case of Aneeta Hada Vs. Godfather Travels And Tours ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laints duly signed by the Senior Labour Inspector attached to 48th Circle, who is the authorized officer, and complaints have been correctly filed under Section 200 of the Cr.P.C. Since the petitioner herein is a Director of the Company, he has been arraigned as the respondent. So far as the maintenance of the order sheets are concerned, he submits that this Court may take note of the essence of order. He submitted that printed format sheets, which are generally used in the Court of Magistrate have been used in all the cases. He submits that the petitioner may raise all the contentions and defences before the learned Magistrate. Petitioner without appearing before the learned Magistrate has directly approached this Court. Hence, the Court m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hen a Director is indicted." The said authority has been followed by this Court in the case of SANJAY JAIN (supra). 11. A perusal of the complaints shows that the petitioner is arraigned as an accused in his individual capacity, although his position as a Director in the Company is mentioned. It is one thing to say that the Company is the accused represented by its Director and it is another to say that an individual being described as a Director in a particular Company satisfies the requirement of law. An individual can be a member on the Board of several Companies. Unless a Company, which is a juristic person, is arraigned as a party, the Labour Department could not have initiated prosecution only against an individual. In the circumst ..... X X X X Extracts X X X X X X X X Extracts X X X X
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