Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Jharkhand High Court: In the present case, a petition was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) to quash the order passed by the Chief Judicial Magistrate whereunder a case was made against one person and the Plant Head of the petitioner-Company for offence under Section 24 and 26 of the Contract Labour (Regulation and Abolition) Act, 1970.
A Single Judge Bench of Anil Kumar Choudhary, J., held that it is a settled principle of law that summons in a criminal case to face trial could not be issued against post, as it was not a juridical person and thus, continuation of the criminal proceeding against the post of ‘Plant Head’ would amount to abuse of process of law.
The Court pointed that it is a settled principle of law that summons in a criminal case to face trial could not be issued against positions or post as a post was not a juridical person. Considering the petitioner-Company’s contention that there was no post of ‘Plant Head’, the Court stated that even if it was to be assumed that there was a post named ‘Plant Head’ of the petitioner-Company, the said post was not a juridical person.
The Court held that continuation of the criminal proceeding against the Plant Head of the petitioner-Company would amount to abuse of process of law and thus, quashed and set aside the said order so far as the Plant Head of the petitioner-Company was concerned. Consequently, the present petition was allowed.
[Tata Pigment Ltd. v. State of Jharkhand, 2025 SCC OnLine Jhar 3553, decided on 10-9-2025]
Advocates who appeared in this case:
For the Petitioner: Parth S.A. Swaroop Pati, Advocate and Akshay Kumar, Advocate
For the Opposite Party: Abhay Kr. Tiwari, Addl. P.P.