Mr. Negi, learned Deputy Advocate General appearing for the respondent has very fairly and frankly conceded before me that indeed the aforesaid action of the learned trial Magistrate was totally illegal, based as it was without any support or sanc..
Mr. Negi, learned Deputy Advocate General appearing for the respondent has very fairly and frankly conceded before me that indeed the aforesaid action of the learned trial Magistrate was totally illegal, based as it was without any support or sanction from law as well as the established principles of Criminal Jurisprudence. He actually went on to suggest that I should quash in its entirety the action of the learned Magistrate in summoning the petitioner as an accused in the aforesaid case. For whatever has been stated above, and based on the aforesaid reasoning this petition is allowed. The action of the learned trial Magistrate in summoning the petitioner is quashed in its entirety. The petitioner shall not be considered as being an accused in the aforesaid complaint. Court of H.P.This judgment, however, shall not come in the way of the respondent in moving an appropriate application strictly in accordance with the provisions of 1954 Act read with the relevant provisions of Code of Criminal Procedure for summoning any nominated person or persons as accused representing Cargil India Pvt. Ltd. including the petitioner herein, if respondent satisfies the learned trial Court, based upon all the relevant legal provisions that such person or persons indeed at the relevant time were in charge of as well as responsible to the Company for the conduct of the business of a company.
