Summary
The Court upheld setting aside summons against accused Nos.1–8 in a complaint concerning alleged trespass and damage during pipeline works. Corporate office alone did not establish personal criminal liability; the complaint lacked specific roles or acts linking the officers to the offences beyond a general conspiracy allegation. The Magistrate had not recorded the requisite prima facie satisfaction. The complainant’s appeals were dismissed, while the complaint against accused Nos.9–13 was expressly left to proceed on its merits.
Issues
- Whether corporate officers could be summoned for the alleged offences merely because of their positions and a general allegation of conspiracy.
- Whether the Magistrate’s order showed the necessary application of mind to their individual roles.
Held
- Personal criminal liability does not automatically follow from being a company’s chairman, managing director or other officer. An active role coupled with criminal intent may support prosecution; a statute may separately create vicarious liability. Corporate liability cannot simply be reversed into presumed liability of every officer. (¶¶ 8, 8.1, 8.3, 9)
- The complaint attributed no specific act or command to the officers concerned and did not allege their presence when the property was damaged. The bald assertion of common intention and conspiracy, alongside descriptions of their offices, was insufficient on these facts. This did not establish a general rule that physical presence is indispensable to conspiracy liability. (¶¶ 7, 7.1, 8.3, 9)
- Summoning is a serious judicial act requiring scrutiny of the allegations and supporting material and satisfaction that a prima facie case exists against the persons summoned. The Magistrate’s order did not demonstrate that exercise concerning the officers. (¶¶ 8.1, 8.2, 8.3, 9)
- The orders setting aside process against accused Nos.1–8 were upheld and the complainant’s appeals dismissed. Proceedings against accused Nos.9–13 were to continue independently on their merits in accordance with law. (¶¶ 3.1, 9, 10)
Result
Appeals dismissed. Setting aside of summons against accused Nos.1–8 upheld; complaint against accused Nos.9–13 to proceed on its own merits.