Jharkhand High Court
M/S Tata Pigment Limited vs The State Of Jharkhand on 10 September, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
(2025:JHHC:27396)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 2418 of 2024
M/s Tata Pigment Limited, Jamshedpur represented through Dinesh
Agarwal, aged about 51 years, son of Nanda Kishrore Agarwal, being
its Chief of Finance & Accounts, both having their office at Sakchi
Boulevard, P.O. & P.S.-Sakchi, Dist.-East Singhbhum
.... Petitioner
Versus
1. The State of Jharkhand
2. Shri Arvind Kumar, son of not known to the petitioner, Labour
Superintendent-cum-Inspector Track Labour (Regulation and
Abolition Act, 1970), having its office at Sakchi, P.O. & P.S.-Sakchi,
Jamshedpur, Dist.-East Singhbhum
.... Opp. Parties
PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
.....
For the Petitioner : Mr. Parth S.A. Swaroop Pati, Advocate
: Mr. Akshay Kumar, Advocate
For the State : Mr. Abhay Kr. Tiwari, Addl. P.P.
.....
By the Court:-
1. Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the
jurisdiction of this Court under Section 528 of B.N.S.S. with a
prayer to quash the entire criminal proceeding including the order
dated 07.06.2023 passed in Complaint Case No. 3031 of 2023 by
the learned Chief Judicial Magistrate, Jamshedpur whereby and
where under, the learned Chief Judicial Magistrate, Jamshedpur
has found prima facie case for the offence punishable under Section
(2025:JHHC:27396)
24/26 of Contract Labour (Regulation and Abolition) Act, 1970
against one Ram Narayan Upadyay and the Plant Head of the
petitioner.
3. It is submitted by the learned counsel for the petitioner that the
petitioner has prayed for quashing of the said order in respect of
the plant head of the petitioner only.
4. Relying upon the judgment of this Court in the case of M/s. Steel
Authority of India Limited (R.M.D.) vs. The State of Jharkhand
& Anr. reported in 2024:JHHC:16072, it is submitted by the
learned counsel for the petitioner that therein this Court reiterated
the settled principle of law that summons in a criminal case to face
trial cannot be issued against positions or post as a post is not a
juridical person. It is next submitted by the learned counsel for the
petitioner that as has been averred in paragraph no. 6 of this
criminal miscellaneous petition that there is no post/designation
in the name and style "Plant Head" of the petitioner company.
Hence, it is submitted that the prayer as prayed in this criminal
miscellaneous petition be allowed; as plant head is a post and not
a person.
5. Learned Addl. P.P. appearing for the State does not dispute that
there is no designation as "Plant Head" of the petitioner company
and submits that complainant could not have collected the name
of the relevant person. Hence, it is submitted that this criminal
miscellaneous petition being without any merit be dismissed.
(2025:JHHC:27396)
6. Having heard the submissions made at the Bar and after going
through the materials in the record, it is pertinent to mention here
that it is a settled principle of law that summons in a criminal case
to face trial cannot be issued against positions or post as a post is
not a juridical person.
7. Now coming to the facts of the case, even assuming for the sake
of argument, that there is a post named as "Plant Head" of the
petitioner company, the said post is not a juridical person.
Further, the contention of the petitioner, in paragraph no.6 of this
criminal miscellaneous petition that there is no post of plant head
of the petitioner company, the same has remained undisputed.
8. Under such circumstances, this Court is of the considered view
that continuation of the criminal proceeding against the plant
head of the petitioner company will amount to abuse of process of
law and therefore, this is a fit case where the entire criminal
proceeding including the order dated 07.06.2023 passed in
Complaint Case No. 3031 of 2023 by the learned Chief Judicial
Magistrate, Jamshedpur be quashed and set aside so far as the
plant head of the petitioner is concerned; while maintaining the
same so far as the co-accused namely Ram Narayan Upadyay.
9. Accordingly, the entire criminal proceeding including the order
dated 07.06.2023 passed in Complaint Case No. 3031 of 2023 by
the learned Chief Judicial Magistrate, Jamshedpur is quashed and
set aside so far as the plant head of the petitioner is concerned.
(2025:JHHC:27396)
10. In the result, this criminal miscellaneous petition is allowed to
the aforesaid extent only.
11. The interim relief granted earlier vide order dated 09.04.2025 is
vacated.
12. Registry is directed to intimate the court concerned forthwith.
(Anil Kumar Choudhary, J.)
High Court of Jharkhand, Ranchi
Dated the 10th September, 2025
AFR/Sonu-Gunjan/-
