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Wednesday, 12 June 2024

Summons in a criminal case to face trial cannot be issued against positions or posts as a post is not a juridical person

 Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that by now it is a settled principle of law as has been reiterated by this Court in the case of Santosh Kumar vs. The State of Jharkhand & Anr. (supra) that summons in a criminal case to face trial cannot be issued against positions or post as a post is not juridical person hence, learned Chief Judicial Magistrate, West Singhbhum, Chaibasa has committed illegality by issuing summons against DGM Sail, M/s. RMD Gua Ore Mines more so when such post undisputedly does not even exist. Thus, taking cognizance by not naming any person who was responsible for the alleged criminal act is certainly not sustainable in law. {Para 6}

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No. 2956 of 2022

M/s. Steel Authority of India Limited VsThe State of Jharkhand

P R E S E N T

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

Dated the 22nd April, 2024.

By the Court:-

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the

jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to

quash the entire criminal proceeding arising out of Complaint Case

No.243 of 2020 including the order dated 23.12.2020 passed by the

learned Chief Judicial Magistrate, Chaibasa whereby and where

under, the learned court found sufficient materials on record to find

prima facie case under Sections 39, 192, 207, 177, 179, 187 and 196 of Motor Vehicle Act, 1988 and under Section 22 and 28 (i) of Jharkhand Motor Vehicle Taxation Act, 2001 and taken cognizance for the said offences and summons was issued citing DGM, Sail, M/s- RMD Gua Ore Mines as the main accused in the prosecution report.

3. It is submitted by the learned counsel for the petitioner that the

present petition has been filed on behalf of M/s. Steel Authority of

India (R.M.D.), D.G.M. (M.M.), Gua Ore Mines through its Deputy

General Manager (D.G.M.). Drawing attention of this Court to

supplementary affidavit dated 18.12.2023, it is submitted by the

learned counsel for the petitioner that altogether 14 D.G.M. are

posted in Gua Ore Mines, the details of which have been mentioned

in the separate sheet but inadvertently the name and designation of

D.G.M. at serial no.1 has not been mentioned. It is then submitted by

the learned counsel for the petitioner that there is no legal entity in

existence in the name and style of M/s R.M.D. Gua Ore Mines and

after dissolution of raw material division, Gua Ore Mines is

functioning under the Administrative Control of Bokoro Steel Plant,

SAIL. It is further submitted by the learned counsel for the petitioner

that the order taking cognizance dated 23.12.2020 has been passed in

most mechanical manner against a non-existent post. It is next

submitted by the learned counsel for the petitioner that the owner of

the vehicle in question is M/s. Steel Authority of India Limited

hence, D.G.M. Sail, R.M.D., Gua Ore Mines being a non-existent post

only harassment will be caused to the officers of the Steel Authority

of India posted at Gua Ore Mines, by continuation of the criminal


proceeding arising out of the complaint. It is further submitted by

the learned counsel for the petitioner that the cognizance has been

taken on vague allegations without any specific overt act committed

by anybody. It is further submitted by the learned counsel for the

petitioner that as the cognizance has been taken against a post, the

same is not sustainable in law and in this respect, learned counsel for

the petitioner 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.”

4. Hence, it is submitted that the entire criminal proceeding arising

out of Complaint Case No.243 of 2020 including the order dated

23.12.2020 passed by the learned Chief Judicial Magistrate, Chaibasa

be quashed.

5. Learned Special Public Prosecutor do not dispute the fact that there

are 14 number of D.G.M. posted in Gua Ore Mines, the details of

which is provided in separate sheet of supplementary affidavit and

also do not dispute the fact that no legal entity is in existent under

the name and style of M/s. R.M.D. Gua Ore Mines but submits that

as the motor vehicle inspector could not ascertain the name of the


post holder at the relevant time under whose control the offending

dumper was running hence, he could not cite the name of the post

holder of D.G.M. (M.M.). Hence, it is submitted that this criminal

miscellaneous petition being without any merit be dismissed.

6. Having heard the submissions made at the Bar and after going

through the materials in the record, it is pertinent to mention here

that by now it is a settled principle of law as has been reiterated by

this Court in the case of Santosh Kumar vs. The State of Jharkhand

& Anr. (supra) that summons in a criminal case to face trial cannot

be issued against positions or post as a post is not juridical person

hence, learned Chief Judicial Magistrate, West Singhbhum, Chaibasa

has committed illegality by issuing summons against DGM Sail,

M/s. RMD Gua Ore Mines more so when such post undisputedly

does not even exist. Thus, taking cognizance by not naming any

person who was responsible for the alleged criminal act is certainly

not sustainable in law.

7. Under such circumstances, this Court is of the considered view that

continuation of the criminal proceeding against DGM Sail, M/s.

RMD Gua Ore Mines will amount to abuse of process of law and this

is a fit case where the entire criminal proceeding arising out of

Complaint Case No.243 of 2020 including the order dated 23.12.2020

passed by the learned Chief Judicial Magistrate, Chaibasa be

quashed and set aside.

8. Accordingly, the entire criminal proceeding arising out of

Complaint Case No.243 of 2020 including the order dated 23.12.2020 passed by the learned Chief Judicial Magistrate, Chaibasa is quashed and set aside.

9. In the result, this criminal miscellaneous petition is allowed.

(Anil Kumar Choudhary, J.)

High Court of Jharkhand, Ranchi

Dated the 22nd April, 2024


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