In, Wyeth Limited & Ors vs State of Bihar and others, SC held that criminal complaint has to be quashed if no offence is made out by a careful reading of the complaint.
Facts
In this case, the complainant filed a private complaint under Section 200 Cr.P.C, which was referred by the Court under Section 156(3) CrPC to the police which registered FIR under Sections 406, 420, 408, 460, 471, 384, 311, 193, 196 read with Section 120B IPC. The accused approached the High Court for quashing FIR by filing a petition under Section 482 CrPC which was dismissed. Before the Apex Court bench, it was contended (i) that the complaint filed does not disclose the commission of any offence; (ii) that the complaint was only a counter blast to the civil suit filed by appellant No.1 and a criminal complaint lodged by the appellants against respondent No.2; (iii) that the High Court overlooked the pendency of an application for bringing on record the chargesheet and for the inclusion of a prayer for quashing of the chargesheet.
Contention Made
Appellant: That the High Court overlooked the pendency of an application for bringining on record the Charge sheet and for the inclusion of a prayer for quashing for the charge sheet.
Respondent: The subsequent development of filing of the chargesheet and also for inclusion of a prayer for quashing the chargesheet, the appellants were negligent in not pressing for the same at the time of hearing of the quash petition.
Court Observation
The Division Bench of Supreme Court of India while pursuing the complaint observed that; A careful reading of the complaint, the gist of which we have would show that none of the ingredients of any of the offences complained against the appellants are made out.
Even if all the averments contained in the complaint are taken to be true, they do not make out any of the offences alleged against the appellants.
Court Judgment
The SC while quashing FIR & Chargesheet against the appellant has held that, The High Court was clearly in error in overlooking the application for bringing on record the subsequent development of the filing of the chargesheet and the prayer for inclusion of the relief of quashing of the chargesheet in the original petition.
Further SC noted, It is too late in the day to seek support from any precedents, for the proposition that if no offence is made out by a careful reading of the complaint, the complaint deserves to be quashed.
Therefore, the appeal is allowed.
Case: Wyeth Limited & Ors vs State of Bihar and others
Citation: CRIMINAL APPEAL NO.1224 OF 2022
Bench: Hon’ble Mrs Justice Indira Banerjee and Hon’ble Mr. Justice V. Ramasubramanian
Decided on: 11th August, 2022.
Read Judgment @LAtestlaws.com
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