Summons in criminal cases cannot be issued against positions without identifying responsible individuals, as positions are not juridical persons.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

Heard the parties.

2. This Writ Petition Criminal has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India with the prayer for issuance of writ in the nature of certiorari for quashing the entire criminal proceeding including the order taking cognizance dated 16.09.2022 in connection with Complaint Case no. 1012 of 2022 whereby and where under, learned JMFC, Giridih found prima facie case for the offence punishable under Section 406 of IPC to proceed against the Director of the petitioner company and also the Director of the predecessor company of the petitioner in the name and style of M/s Wireless T.T. Info Services Limited.

3. The brief facts of the case is that M/s Wireless T.T. Info Services Limited entered into a lease agreement with the complainant to use the space of the complainant for the purpose of installing, maintaining and operating the tower and allied activities for a period of fifteen years for a fixed monthly fee. The company- M/s Wireless T.T. Info Services Limited paid license fee till the month of October, 2018 but thereafter, they defaulted in payment of the license fees, with the allegation that M/s Wireless T.T. Info Services Limited which was acquired by the petitioner, without any prior intimation to the complainant, has misappropriated and cheated a sum of Rs. 6,56,803/-. The complainant approached the police but as no action was taken, hence, the complainant filed the Complaint Case no. 1012 of 2022. Learned JMFC, Giridih, basing upon the complaint, statement on solemn affirmation of the complainant and the statement of the enquiry witnesses vide order dated 16.09.2022 found sufficient materials to proceed against the Director of the petitioner company and also the Director of the predecessor of the petitioner in the name and style of M/s Wireless T.T. Info Services Limited.

4. Learned counsel for the petitioner relying upon the judgment of this court in the case of M/s Steel Authority of India Limited vs. The State of Jharkhand & Anr. dated 22.04.2024 passed in CrMP No. 2956 of 2022 submits that therein, this Court relied upon the judgment of this Court in the case of Santosh Kumar vs. The State of Jharkhand & Anr. in Cr.M.P. No. 1211 of 2023 dated 28.08.2023, paragraph no. 7 of which reads as under :-

“Having heard the submissions made at the Bar and after going through the materials in the record, this Court has no hesitation in holding that by now it is a settled principle of law that summons in a criminal case to face trial cannot be issued against positions or post as a post is not juridical person. Hence, the learned Magistrate has committed illegality by issuing summons against the “Bank Manager of IDBI Bank, Sector 4, Bokaro” by not naming the person who was responsible for the said criminal act of being instrumental in opening a forged account of the son of the complainant.”

and has reiterated the settled principle of law that summons in a criminal case to face trial, cannot be issued against positions or post as a post is not juridical person.

5. It is next submitted by learned counsel for the petitioner that the petitioner in terms of the clause 9 of the Lease and License Agreement dated 28.03.2009 with the complainant, by adopting due procedure of law, has terminated the contract with the complainant vide termination notice dated 18.07.2019 as the site became non-operational and requested the complainant to remove the mobile tower and its equipment installed but the same was not permitted by the complainant, unless and until the payment of license fees for the entire contract period was made by the petitioner to the complainant.

6. It is next submitted that the petitioner company has six Directors but none of them stayed or ever posted at Patliputra colony, Patna, Bihar or Fateh Maidan Road, Hyderabad i.e. the address of the accused as mentioned in the complaint of the Complaint Case no. 1012 of 2022.

7. It is next s