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R. Banerjee And Ors vs H.D. Dubey And Ors on 13 March, 1992 cites

Municipal Corporation Of Delhi vs Ram Kishan Rohtagi And Others on 1 December, 1982

On a careful perusal of the complaints lodged by the Food Inspector under the Act it is evident that intimation regarding the nomination in favour of H. Dayani and Dr. Nirmal Sen had been communicated to the Food Inspector before the complaints came to be lodged. This is evident from the averments made in the respective complaints. The nomination 231 was, however, not acted upon by the complainant on the ground that it was incomplete. It was , therefore, said in the absence of a valid nomination from the concerned company the Directors of the company were liable to be proceeded against and punished on proof of the charge levelled against them in the complaint. It will thus be seen that there is no allegation in the complaint which would bring the case within the mischief of section 17 (4) of the Act. There is no allegation in the complaint that the offence was committed with the consent/connivance/negligence of the Directors, other than the nominated person, who were impleaded as co-assued. We are, therefore, satisfied that the allegations in the complaint do not make out a case under sub-section (4) of section 17 of the Act. That being so, the inclusion of the co-accused other than the company and the nominated person as the persons liable to be proceeded against and punished cannot be justified. As held by this Court in Municipal Corporation of Delhi v. Ram Kishan Rohtagi & Ors., [1983] 1 SCR 884 where the allegations set out in the complaint do not constitute any offence, no process can be issued against the co-accused other than the company and the nominated person and the High Court would be justified in exercising its inherent jurisdiction under section 482 of the Code of Criminal Procedure, 1973 to quash the order passed by the Magistrate taking cognizance of the offence against such co-accused.
Supreme Court of India Cites 12 - Cited by 852 - S M Ali - Full Document
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