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2023 Supreme(Jhk) 1141

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI, J.
Navdeep Singh – Appellant
Versus
State of Jharkhand – Respondent
Cr.M.P. No. 2088 of 2017, Cr.M.P. No. 627 of 2005, Cr.M.P. No. 586 of 2006, Cr.M.P. No. 34 of 2007, Cr.M.P. No. 1767 of 2007, Cr.M.P. No. 195 of 2008, Cr.M.P. No. 247 of 2008, Cr.M.P. No. 455 of 2008, Cr.M.P. No. 557 of 2008, Cr.M.P. No. 644 of 2008, Cr.M.P. No. 769 of 2008, Cr.M.P. No. 850 of 2008, Cr.M.P. No. 860 of 2008, Cr.M.P. No. 140 of 2009, Cr.M.P. No. 1902 of 2011, Cr.M.P. No. 8 of 2012, Cr.M.P. No. 1799 of 2012
Decided on : 01-08-2023

Advocates:
Advocate Appeared:
For the Appellant :Mr. M.S. Mittal, Ms. Salona Mittal, Ms. Ayushi Agarwal, Advocate Ms. Ishika Tulsyan, Mr. Ajit Kumar, Mr. Sameer Ranjan, Mr. Sumeet Gadodia, Mrs.Shilpi Sandil Gadodia, Advocate, Mrs.Aanya, Advocate, Mr. Dhananjay Kr. Pathak, Advocate, Mr. Shashikaht Mishra, Advocate, Mr. Nitin Kumar Pasari, Advocate, Ms. Sidhi Jalan, Advocate, Mr. Shubham Gurung, Advocate, Mr. Rishav Raj, Advocate, Mr. Sidharth Roy, Advocate, Ms. Sonali Bhattacharjee, Advocate
For the Respondent:Mr. Nilesh Kumar, Advocate, Ms. Sonal Sodhani, Mrs. Priya Shrestha, Mrs. Nehala Sharmin, Mr.Fahad Allam, Mr.B.N.Ojha, Ms.Sushma Aind,
Mrs.Ruby Pandey, A.P.P.

Headnote:(A) Indian Penal Code - Sections 379, 411, 420 and Indian Electricity Act, 2003 - Sections 135, 136, 138 - Series of criminal proceedings against various petitioners for alleged electricity theft through tampering of meters and unauthorized use - Courts clarified that mere tampering does not prove theft without sufficient evidence of mens rea, and Directors need to be named as responsible in FIR for vicarious liability. (Paras 6, 8, 10, 9, 30, 37)

(B) This case emphasizes the need for established procedural justifications in criminal allegations against company Directors particularly in fraud cases, aligning with precedents set in previous judgments. (Paras 6, 30)

Facts of the case:
The judgment addresses multiple criminal petitions challenging FIRs concerning theft of electricity through tampered meters by various companies.

Issues: The primary issue was whether the FIRs sufficiently allege criminal liability against the petitioners as company Directors without naming companies as accused.

Findings of Court:
The Court found that evidence of electricity theft must be substantiated, and general allegations against company Directors without specifics do not suffice for criminal liability.

Ratio Decidendi: The court ruled that vicarious liability against Directors requires explicit allegations of their active role and mens rea, implying that mere corporate affiliation cannot be a basis for criminal prosecution.

Result: All petitions were dismissed; the trial would proceed without prejudice to the orders made.

Table of Content
1. hearing procedures for multiple cases. (Para 1 , 2)
2. overview of criminal charges in various cases. (Para 3 , 4)
3. prosecution context and requirements. (Para 5)
4. legal arguments for liability and fir validity. (Para 6 , 10 , 12 , 18 , 28 , 30)
5. inspections and evidence consideration. (Para 14 , 24 , 27)
6. culpability in company-related offenses. (Para 15 , 16)
7. details of electricity theft allegations. (Para 20)
8. judicial rationale regarding corporate liability. (Para 22 , 25)
9. final determination and order. (Para 35 , 36 , 37)

JUDGMENT :

In all these cases, a common question of fact and law are involved and this is why, all these cases have been heard together with consent of the learned counsels appearing for the parties.

2. Heard Mr. M.S. Mittal, the learned Senior counsel appearing on behalf of the petitioners in Cr.M.P. No.627 of 2005, Cr.M.P. No.586 of 2006 and Cr.M.P. No.1902 of 2011], Mr. Ajit Kumar, the learned Senior counsel appearing on behalf of the petitioner in Cr.M.P. No. 140 of 2009, Mr. Sumeet Gadodia, the learned counsel appearing on behalf of the petitioner in Cr.M.P. No. 8 of 2012, Mr. Dhananjay Kumar Pathak, the learned counsel appearing on behalf of the petitioners in Cr.M.P. No. 644 of 2008, Cr.M.P. No. 769 of 2008, Cr.M.P. No. 140 of 2009 and Cr.M.P. No. 1902 of 2011, Mr. Nitin Kumar Pasari, the learned counsel appearing on behalf of the petitioners in Cr.M.P. No.195 of 2008 and Mr. Sidharth Roy, the learned counsel appearing on behalf of the petitioner in Cr.M.P. No. 2088 of 2017 as well as Mr. Nilesh Kumar, the learned counsel appearing on behalf of the respondent J.U.V.N.L. and Mrs. Priya Shrestha, Spl.P.P., Mrs. Nehala Sharmin, Spl.P.P., Mr. Fahad Allam, A.P.P., Mr.B.N.Ojha, A.P.P., Ms. Sushma Aind, A.P.P. and Mrs.Ruby Pandey, A.P.P. appearing on behalf of the respondent-State in respective cases.

3. In Cr.M.P.No. 2088 of 2017, the prayer has been made for quashing of the order taking cognizance dated 24.08.2016 as well as entire criminal proceedings in connection with Giddi P.S.Case No.17/07 (G.R.No. 477 of 07) registered under sections 379/427 of the I.P.C pending in the court of learned Additional District and Sessions Judge No.II cum Special Judge ELECTRICITY ACT , Hazaribagh. In Cr.M.P.No. 627 of 2005, the prayer has been made for quashing of the First Information Report in connection with Saraikella, Adityapur P.S.Case No.156 of 2005 dated 11.6.2005, G.R. Case No.495 of 2005 under section 39/44 of Indian ELECTRICITY ACT , 1910 and section 379 of I.P.C pending in the court of learned Judicial Magistrate, at Sarakiella.

Subsequently, I.A. No.635 of 2023 has been filed challenging the order taking cognizance dated 06.4.2018.

In Cr.M.P.No. 586 of 2006, the prayer has been made for quashing of the First Information Report in connection with Chandil P.S. Case No.54 of 2006 dated 23.4.2006, corresponding to G.R. Case No.289 of 2006 under section 135 and 138 of the ELECTRICITY ACT , 2003, pending in the court of learned Chief Judicial Magistrate, Saraikella Kharsawan. In Cr.M.P.No. 34 of 2007, the prayer has been made for quashing of the First Information Report in connection with Gamaharia P.S.Case No.1 of 2007 dated 3.1.2007, G.R. Case No.11 of 2007 under section 135 of the ELECTRICITY ACT , 2003 and section 379 of the I.P.C., pending in the court of learned Chief Judicial Magistrate, Saraikella Kharsawan.

In Cr.M.P.No. 1767 of 2007, the prayer has been made for quashing of the First Information Report along with entire criminal proceeding initiated against the petitioner in connection with Ramgarh P.S. Case No.551 of 2007, G.R. No.4367 of 2007 under section 379 of the I.P.C. and section 135 of the Indian ELECTRICITY ACT pending in the court of learned Chief Judicial Magistrate at Hazaribagh.

In Cr.M.P.No. 195 of 2008, the prayer has been made for quashing of the First In

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