Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s. 482 – Petition under – By two accused (Director and Managing Director of a Company) – For quashing the criminal proceedings against them u/s. 420 r/w s. 120B IPC – High Court dismissed the petition – Appeal to Supreme Court – Held: There are no specific allegations and averments in the complaint that the accused had fraudulent and dishonest intention – No prima facie case for the offence u/s. 420 IPC has been made out – Main allegation in the complaint is against the company which has not been made a party – There is also no allegation to constitute vicarious liability against the accused – Moreover, the statute i.e. IPC does not contain any provision fixing such vicarious liability – Summons were issued to the accused 13 years after filing of the chargesheet – Therefore, the criminal proceedings are liable to be quashed – Penal Code, 1860 – s. 420 r/w s. 120B. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2020 INSC 118 |
Petitioner | Sushil Sethi And Another |
Respondent | The State Of Arunachal Pradesh And Others |
SCR | [2020] 1 S.C.R. 582 |
Judgement Date | 2020-01-31 |
Case Number | 125 |
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