Rajesh Rangarajan vs M/S Crop Care Fed.Of India & Anr
- SCC(2010) 15 SCC 163
Ratio decidendi
The rule this decision rests on
A complaint filed under Sections 120(B), 34, 500, 501 and 502 of the Indian Penal Code lacks the basic ingredients necessary to sustain those charges where the document complained of—a Fact Finding Committee report on pesticide exposure—was an indicative study not aimed at harming, hurting or defaming any individual or manufacturing company, and was not intended to cause such harm or defamation. Where a complaint lacks the basic ingredients of the criminal offences charged, the High Court or appellate court should exercise its power to quash the complaint rather than permit trial to proceed.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
RAJESH RANGARAJAN ... APPELLANT(S)
VERSUS
M/S.CROP CARE FED. OF INDIA & ANR. ... RESPONDENT(S)
O R D E R
Heard learned counsel for the parties.
Leave granted.
This appeal is directed against the judgment and order
dated 13.12.2007 passed by the High Court of Judicature of Andhra
Pradesh in Criminal Petition No.,4155 of 2006. Mr.Raj Panjwani,
learned senior counsel appearing for the appellant has drawn our
attention to Annexure P-1, which is the Report of the Fact Finding
Committee which deals with Farmers Death Due to Exposure to
Pesticides in Warangal District of Andhra Pradesh.
We have carefully perused the Report. The relevant page
of the report, which is at Page 40 of the paper book, clearly
indicate that the Fact Finding Committee was not aimed at doing
health study or in-depth scientific investigation, but to do an
indicative study which would lead to a larger health study. The
general tenor of the report indicates that the report meant to focus
the harmful effects of exposure to pesticides. It is quite evident
from the report that it was not meant to harm, hurt or defame any
individual or the manufacturing company. Mr.Panjwani, learned 2
senior counsel appearing for the appellant also fairly submitted
that the report was not intended to harm or defame any individual or
manufacturers of pesticides. In our considered opinion, the
complaint filed under Sections 120(B), 34, 500, 501 & 502 of the
Indian Penal Code lack basic ingredients. According to our view, no
useful purpose would be served in permitting the trial Court to
proceed with the complaint which lacks the basic ingredients of
aforementioned Sections. Consequently, we quash the complaint.
Since the complaint itself has been quashed, therefore,
the appeal is allowed and the impugned judgment is set aside.
...................J. (DALVEER BHANDARI)
...................J. (DEEPAK VERMA)
NEW DELHI;
20TH JULY, 2010
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