Madan Mohan Saha @ M.M. Saha vs The State Of Jharkhand
2021 Latest Caselaw 3711 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr.M.P. No. 1856 of 2021

        Madan Mohan Saha @ M.M. Saha                          ...... Petitioner
                                  Versus
        The State of Jharkhand                                ...... Opp. Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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        For the Petitioner       : Mr. Vipul Poddar, Advocate
        For the State            : Mr. P.A.S. Pati, G.A.-II

        04/Dated: 29/09/2021

This petition has been heard through Video Conferencing in view of

the guidelines of the High Court taking into account the situation arising due to

COVID-19 pandemic.

Learned counsel for the petitioner submits that the petitioner was Project

Manager of M/s National Buildings Construction Corporation Limited (NBCC) at the

time of occurrence. He submits that question of vicarious liability is one of the point to

be decided in this case as to how the corporate criminal liability constituting vicarious

liability is required to be looked into in this case and for that he relied upon

judgment in the case of " Sushil Sethi & Another" Vs. State of Arunachal

Pradesh & Others" reported in (2020) 3 SCC 240 and in the case of "Shiv

Kumar Jatia Vs. State of NCT of Delhi" reported in (2019) 17 SCC 193. He

submits that petitioner earlier moved before this Court in Cr.M.P. No.1852 of 2020

which was allowed and the matter was remanded to the court concerned to pass a

fresh order in accordance with law. According to him the present cognizance order

against the same is vitiated by the concerned court as same facts have been

reiterated and the cognizance has been taken.

State is directed to file counter-affidavit within four weeks.

There shall be stay of further proceeding in connection with Jama P.S.

Case No. 117 of 2013, corresponding to G.R. No. 1411 of 2013 pending in the Court

of Chief Judicial Magistrate, Dumka till the next date.

Post the matter on 13.01.2022.

(Sanjay Kumar Dwivedi, J.)

Satyarthi/-