Damodaran T.P vs. State Of Kerala
Held
The Court held that the complaint failed to make specific averments about the petitioners' role in the firm's management, which is required under Section 66 of the Food Safety and Standards Act, 2006 for prosecuting partners. Relying on the partnership deed, which vested management in the deceased managing partner, and the principle that vicarious liability is not automatic in criminal law, the Court found the proceedings against the petitioners to be an abuse of process.
Facts
A Food Safety Officer initiated proceedings against a partnership firm and its partners for selling substandard and unsafe jaggery. The petitioners, who were partners other than the managing partner, sought to quash the criminal proceedings after the managing partner's death, arguing that the complaint lacked specific averments regarding their role in the firm's day-to-day management.
Key Issues
The key legal issue was whether partners of a firm, other than the managing partner, could be prosecuted under the Food Safety and Standards Act, 2006, without specific averments in the complaint detailing their active role and responsibility in the firm's day-to-day management.
Sections Cited
None
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. WEDNESDAY, THE 19TH DAY OF OCTOBER 2022 / 27TH ASWINA, 1944 CRL.MC NO. 7017 OF 2022 AGAINST THE ORDER/JUDGMENTCC 126/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,NADAPURAM PETITIONER/S: 1 DAMODARAN T.P AGED 63 YEARS S/O. KANARAN, THAZHEPOOLATTATHIL, CHALAPURAM POST, NADAPURAM, KOZHIKODE DISTRICT, PIN - 673504 2 SHYNI P.K AGED 43 YEARS D/O. VASUDEVAN, PARAL THAZHEKUNIYIL, PURAMERI P.O, VATAKARA, KOZHIKODE DISTRICT , PIN - 673503 3 RAGI CHANDRIKA AGED 45 YEARS D/O. KUNHIKANNAN, PILACHERI HOUSE, PURAMERI P.O, VATAKARA, KOZHIKODE DISTRICT , PIN - 673503 4 REKHA E.K AGED 44 YEARS D/O. BALAN T.P, KATTIL HOUSE, EDACHERI P.O,VATAKARA, KOZHIKODE DISTRICT , PIN - 673502 5 BALAN K.K AGED 69 YEARS S/O. UNNICHATHAN, KAKKANKANDI(H), ATHOLI P.O, KOYILANDY, KOZHIKODE DISTRICT , PIN - 673315 6 SHIJI E.P AGED 39 YEARS D/O. KRISHNAN, VALAPPIL (H), MUTHUVADATHOOR POST, VATAKARA, KOZHIKODE DISTRICT , PIN - 673503
Crl.M.C.No.7017/2022 : 2 : 7 SREENA K.K AGED 45 YEARS D/O.BHASKARAN K.P, NILAA HOUSE, EDACHERI P.O, VATAKARA, KOZHIKODE DISTRICT , PIN - 673503 BY ADVS. K.B.ARUNKUMAR POOJA K.S. RESPONDENT/S: 1
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