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In an alleged mobile blast case, the Allahabad High Court recently stayed a First Information Report (FIR) registered against the Director and Manager of OPPO Mobiles India Pvt. Ltd.

The applicant/informant namely Vashu Bhati had alleged in the FIR that he had bought a mobile phone of OPPO brand in July 2019 which exploded in his pocket in September 2020 causing him severe burn injuries. Consequently, he had filed a criminal case against Mohinder Singh Malik, (Director Oppo India), Sanjay Goel (Manager Oppo India) and other officials of the company on January 27, 2021.  

Dealing with the petition filed by Malik and Goel seeking quashing of the said FIR, the bench of Justice Mahesh Chandra Tripathi and Justice Subhash Vidyarthi noted that they were of the prima facie opinion that the instant proceeding was an abuse of the process of law, which required consideration by the court. 

Therefore, Court gave the respondents (State and two others) four weeks' time to file a counter affidavit in the matter. In the meantime, the Court also stayed further proceeding in the concerned FIR that was registered under Sections 337, 338, 427 of Indian Penal Code.

Moving to the High Court, Malik and Goel's counsel had argued that in the alleged explosion, no offence was made out against his client as they are mere Director and Manager of OPPO India Pvt. Ltd. He had alleged that Malik and Goel have been falsely implicated in this present case.

He had also contended that at the best, Bhati ought to have approached the District Consumer Dispute Redressal Commission/Consumer Court or Civil Court for redressal of his grievance.

To support his argument, the counsel had relied on Apex Court's ruling in Ravindranath Bajpe vs. Mangalore Special Economic Zone wherein it has been held that the company officials like Chairman, Managing Director, Director etc. cannot be held vicariously liable under criminal law for the offences committed by the company unless there are specific allegations and averments against them with respect to their individual role.

Case Title: Case title - Sanjay Goel and another v. State Of U.P. and 2 Others