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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
URMILA JOSHI-PHALKE, NANDESH S.DESHPANDE
Krishna Mandadi – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. legal basis for quashing fir related to negligence. (Para 5 , 6 , 7) |
| 2. arguments against liability of applicants. (Para 8 , 10 , 11) |
| 3. court observations on involvement of applicants. (Para 12 , 13) |
| 4. vicarious liability principles in criminal law. (Para 14 , 15 , 16 , 17) |
| 5. criteria for quashing fir and criminal proceedings. (Para 18 , 19 , 22) |
| 6. concluding order to quash fir. (Para 23) |
JUDGMENT :
URMILA JOSHI-PHALKE, J.
1. These applications are filed under Section 482 of the CrPC.
2. In Criminal Application No.1347/2023, heard learned counsel Shri Chinmay Dharmadhikari for the applicant and learned Additional Public Prosecutor Shri A.G.Mate for the State.
3. In Criminal Application No.1321/2025, heard learned counsel Shri A.O.Shriwas for the applicant and learned Additional Public Prosecutor Mrs. Shamsi Haider for the State.
4. Though both applications are closed for orders on different dates i.e. 8.12.2025 and 9.12.2025, since facts are identical and FIR is the same in both applications, these applications are clubbed together for passing common orders.
5. By these applications, applicants seek quashing of FIR in connection with Crime No.49/2018 registered for off
Vicarious liability does not apply to company directors unless statute provides for it; established there was no direct involvement in negligence by the applicants.
The court emphasized that there is no provision in the IPC for fastening vicarious liability upon the Directors of the Company for offences listed in it, and the summoning order must satisfy the obje....
(1) Mens rea is essential for a negligent act to be brought in ambit of criminal liability.(2) Negligence in civil law may not be necessarily a negligence in criminal law.
Vicarious liability cannot be imposed on directors solely by virtue of their positions; specific allegations of wrongdoing must exist for criminal liability to be established.
Vicarious liability under Section 141(1) of the NI Act must be strictly construed, and the complaint should provide specific averments to establish the accused's responsibility for the company's cond....
Vicarious liability in criminal law cannot be imposed without explicit statutory provisions, and allegations must demonstrate direct involvement and intent of the accused.
The liability of officers of a company under the Contract Labour (Regulation and Abolition) Act, 1970 is contingent upon their involvement in the day-to-day affairs of the company, and the prosecutio....
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