Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Law Vicarious liability Summoning of an accused |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Criminal Law – Vicarious liability – Allegation that the accused-respondents with the common intention of laying pipeline beneath the properties belonging to the complainant, committed criminal trespass into the properties and demolished stone compound wall and also cut and destroyed about 100 trees – Magistrate issued process against respondents-accused nos.1 to 8 for offences punishable u/ss.427, 447, 506 and 120B r/w s.34 IPC – Sessions Court set aside the order of Magistrate – High Court confirmed the order of Sessions Court – Challenge to – Held: Summoning of an accused in a criminal case is a serious matter – Criminal Law cannot be set into motion as a matter of course – From the order passed by the Magistrate issuing the process against the respondents-accused nos. 1 to 8, there does not appear that the Magistrate has recorded his satisfaction about a prima facie case against respondent nos. 2 to 5 and 7 & 8 – Merely because respondent Nos.2 to 5 and 7 & 8 were the Chairman/ Managing Director/ Executive Director/ Deputy General Manager/ Planner & Executor, automatically they cannot be held vicariously liable, unless, there were specific allegations and averments against them with respect to their individual role – On facts, High Court rightly dismissed the revision applications and rightly confirmed the order passed by the Sessions Court quashing and setting aside the order passed by the Magistrate issuing process against respondent nos. 1 to 8-original accused nos. 1 to 8. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 555 |
Petitioner | Ravindranatha Bajpe |
Respondent | Mangalore Special Economic Zone Ltd. & Others Etc. |
SCR | [2021] 6 S.C.R. 268 |
Judgement Date | 2021-09-27 |
Case Number | 1047-1048 |
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