WYETH LIMITED & ORS. versus STATE OF BIHAR & ANR.

Citation: [2022] 6 S.C.R. 1132 · Decided: 11-08-2022 · Supreme Court of India · Bench: INDIRA BANERJEE · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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WYETH LIMITED & ORS.
v.
STATE OF BIHAR & ANR.
(Criminal Appeal No. 1224 of 2022)
AUGUST 11, 2022
[INDIRA BANERJEE AND V. RAMASUBRAMANIAN, JJ.]
Code of Criminal Procedure, 1973:  s. 482 – Quashing of
FIR/complaint – When – Held: Complaint is to be quashed when no
offence is made out by a careful reading of the complaint – On
facts, respondent no. 2 filed private complaint u/s. 200 Cr.P.C, which
was referred by the court u/s. 156(3) to the police for registration
of FIR against the appellants u/ss. 406, 420, 408, 460, 471, 384,
311, 193, 196/120-B IPC – Reading of the complaint, shows that
none of the ingredients of any of the offences complained against
the appellants made out, thus, it cannot be said that how FIR was
registered and charge-sheet was filed – Complaint itself disclosed
nothing more than a commercial relationship which broke, as such
it was not possible for respondent No.2 to enlarge the scope of his
complaint by merely adding the language used in the text of the
Penal Code – Furthermore, the appellant No.1 had instituted a civil
suit against the respondent, obtained an order for the appointment
of a Court Receiver; and also lodged a criminal complaint, which
the High Court refused to quashed; and it is only thereafter the
respondent No.2 chose to file the said complaint – Also, the High
Court erred in overlooking the application for bringing on record
the subsequent development of the filing of the charge-sheet and
the prayer for inclusion of the relief of quashing of the charge-
sheet in the original petition – Thus, the FIR and the charge-sheet
against the appellants quashed.
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
1224 of 2022.
From the Judgment and Order dated 14.05.2018 of the High Court
of Judicature of Bihar at Patna in Criminal Miscellaneous No. 13742 of
2014.
[2022] 6 S.C.R. 1132
1132
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Mukul Rohatgi, Gopal Jain, Sr. Advs., Ajay Singh, Samit Rohatgi,
Ms. Alka Sinha, Amit Kumar, Vivek Kumar Singh, Anuvrat Sharma,
Advs. for the Appllants.
Narender Hooda, Sr. Adv., Saket Singh, Ms. Somya Shree, Azmat
Amanullah, Mrs. Niranjana Singh, Shaurya Lamba, Akash Bhuyan,
Rushte Saluja, Ranjan Kumar Pandey, Advs. for the Respondents.
The Judgment of the Court was delivered by
V. RAMASUBRAMANIAN
1. Leave granted.
2. Aggrieved by an order passed by the High Court of Judicature
at Patna dismissing a petition under Section 482 of the Code of Criminal
Procedure, 1973 (for short “Cr.P.C”) for quashing an FIR registered at
the instance of the second respondent herein, the appellants have come
up with the above appeal.
3. Heard the learned senior counsel appearing for the appellants,
the learned standing counsel for the State of Bihar and the learned standing
counsel appearing on behalf of the respondent No.2, who was the
complainant.
4. The respondent No.2 was engaged by appellant no.1 as its
Carrying and Forwarding agent (C&F), on certain terms and conditions,
reduced into writing. The agreement continued from time to time until
February-2012.
5. Thereafter disputes arose between appellant No.1 and
respondent No.2 which led to appellant No.1  filing  a civil suit  on the file
of the High Court of Judicature at Bombay, in CS No.1432 of 2012.  In
the said suit, the High Court passed an order appointing a Court Receiver
to take possession of the goods including medicines belonging to appellant
No.1, which were in the possession of respondent no.2. The Court
Receiver seems  to have executed the warrant and recovered possession
of certain goods, the details of which are not relevant for our present
purpose.
6. Apart from filing a civil suit, appellant No.1 also filed a criminal
complaint against respondent No.2 for alleged offences under Sections
406 and 420 IPC. By an order dated 14.08.2013, the learned Chief Judicial
Magistrate, Patna took cognizance and issued summons to respondent
No.2.
WYETH LIMITED & ORS. v. STATE OF BIHAR & ANR.
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7. Thereafter respondent No.2 filed a criminal complaint before the
learned Chief Judicial Magistrate, Patna. On 12.12.2013, the learned
Chief Judicial Magistrate, Patna passed an order directing the copy of
the complaint to be forwarded to the Patliputra Police Station, for
registration of an FIR against the appellants herein. Pursuant to the said
order, the Patliputra Police Station registered an FIR in Crime No.17 of
2014 on 07.01.2014,
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