Jagadish Mishra vs State Of Odisha And Others
2023 Latest Caselaw 4011 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 CRLMC No. 1498 of 2019

            Jagadish Mishra                           ....          Petitioner
                                                 Mr. Amit Pattnaik, Advocate
                                         -versus-

            State of Odisha and others               .... Opposite Parties
                                              Mr. Prasanna Kumar Mohanty
                                               Additional Standing Counsel

                       CORAM:
                       THE CHIEF JUSTICE

                                       ORDER

Order No. 20.04.2023

04. 1. The present petition seeks the quashing of complaint case i.e. 2(b) CC No.14 of 2014 pending in the Court of S.D.J.M., Rairangpur which has been lodged only against the Directors of the Company and not the company itself. The present Petitioner is the Director of M/s. Ghanashyam Mishra & Sons (P) Ltd., which has not been made a party to the complaint.

2. In view of the judgment of the Supreme Court in Aneeta Hada v. Godfather Travels and Tours Pvt. Ltd. (2012) 52 OCR (SC) 254 which has been followed by this Court in its judgment dated 26th August, 2019 in CRLMC No.1923 of 2018 (Odisha Mining Corporation Ltd. v. State of Odisha) holding that in the absence of making the Company itself a party is not open to the complainant to proceed only against the Director, the aforementioned complaint case i.e. 2(b) CC No.14 of 2014 pending in the Court of S.D.J.M., Rairangpur and all orders and

proceedings consequent thereto are hereby quashed. The CRLMC is disposed of.

3. The Superintendent of the concerned Branch is directed to communicate this order to the concerned Subordinate Court forthwith.

(Dr. S. Muralidhar) Chief Justice

M. Panda