Calcutta HC Invokes Extraordinary Power Under Section 482 CrPC To Quash Criminal Proceedings Against Sunil Mittal

The Calcutta High Court on Wednesday invoked its extraordinary power under Section 482 Cr. P.C. to quash the criminal proceeding against Bharti Enterprises Chairman Sunil Bharti Mittal and another senior company official.

The Single Judge bench of Justice Rai Chattopadhyya quashed the criminal proceedings in a private complaint alleging offences under Sections 465 and 468 of IPC. The proceedings were quashed on the ground that the allegations made in the complaint did not disclose any prosecutable case against them.

In 2014, the complainant applied for two Airtel Broadband connections through the two agents who were also accused in the complaint. The complainant alleged that the agents assured him that a "customer relationship form," which was required to be filled in for the purpose of obtaining the connections, would be sent to him

He alleged that when obtaining the connection, he was promised to be given a rental discount of Rs. 300/- per month for each connection but the same was never provided to him.

It was also alleged by the complainant that the ‘customer relationship form’ did not contain his signature or photograph and any form if submitted by the other two accused persons would contain his forged signature as well as a forged electricity bill.

Thus, in his complaint dated January 17, 2015, the complainant alleged that Mittal and the other three defendants had committed fraud, forgery, and criminal conspiracy against him.

Based on the complaint submitted by the complainant, the Magistrate issued an order on January 17, 2015, taking jurisdiction over the offence.

Upon examination of the complainant and another witness under section 200 CrPC, the Magistrate had observed in an order dated September 8, 2015, that a prima facie case under sections 465 and 468 of the IPC was made out against all four of the accused persons named in the complaint, including the petitioners.

Aggrieved by the said order, the petitioners approached the High Court.

Court said that the complaint had not been able to project any prima facie material against the petitioners and that it had remained silent regarding their specific role in the commission of the alleged crime

The Court relied upon the judgements of the Supreme Court in Asoke Basak v. State of Maharashtra & Ors. and Thermax Limited & Ors. v. K. M. Johny & Ors. in which it was held that the complainant must disclose essential ingredients of offences as alleged.

“It is the settled law that the code does not contemplate any vicarious liability on part of any party who is not charged directly for the commission of an offence, save and except some provisions specifically provided therefor,” the court said.

The court observed that there was no prima facie material available in the complaint against Sunil Mittal.

The Court further said, “Formation of an opinion by the Magistrate with conscious judicious mind and upon consideration of the materials regarding existence of a prima facie case against the accused persons would be a sine qua non for the Magistrate, to take cognizance of the offence and issuance of process against the accused under section 204 Cr.P.C.”

The court finally held, “On the entire discussion as above, this Court comes to a conclusion that in this case to proceed against the present petitioners would only amount to gross abuse of the process of Court as well as that of law which is however, to be prevented, pursuant to the laws settled in this regard. Hence the present is found to be a fit case in which the Court should invoke its extraordinary power under section 482 Cr. P.C and quash the proceeding against the present to petitioners.”

The court observed that cognizance of the offence taken against the petitioners and issuance of process against them by the trial court suffered from gross illegality.

Case Title: Sunil Bharti Mittal& Anr. vs. State of West Bengal & Anr.

Statute: Code of Criminal Procedure