VidhiSangh

Supreme Court of India · 27/09/2021

RAVINDRANATHA BAJPE versus MANGALORE SPECIAL ECONOMIC ZONE LTD. & OTHERS ETC.

[2021] 6 S.C.R. 268 · 2021 INSC 555

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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

  1. Whether corporate officers could be summoned for the alleged offences merely because of their positions and a general allegation of conspiracy.
  2. Whether the Magistrate’s order showed the necessary application of mind to their individual roles.

Held

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.

Judgment PDF: Supreme Court of India, [2021] 6 S.C.R. 268.