Quashing at charge stage: specific allegations of vicarious liability were enough to keep the proceedings alive.

At the quashing stage, the Court will not test disputed facts or weigh evidence; if the complaint, taken at face value, contains specific averments attracting vicarious liability, inherent powers under section 482 CrPC should not be used to stop the proceedings. The complaint alleged that the petitioner, as ex-executive president of the manufacturer, was responsible for and controlled the company's business, which was sufficient to disclose the offence under section 10 of the Essential Commodities Act. Whether he was in fact in charge of the business was a matter for trial, so the charge was not quashed and the petition failed.

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Issues: Whether the charge and proceedings against the petitioner were liable to be quashed under section 482 of the Code of Criminal Procedure, 1973 on the ground that he was not the person in charge of and responsible for the conduct of the company's business so as to attract vicarious liability under section 10 of the Essential Commodities Act, 1955.

Analysis: The complaint specifically alleged that the petitioner was the ex-executive president of the manufacturer and was responsible for and controlled the conduct of its business. On the settled test governing quashing at the initial stage, the allegations in the complaint had to be taken as they stood, without addition or subtraction, and if they disclosed the offence, the proceedings could not be interfered with in exercise of inherent powers. The question whether the petitioner was in fact responsible for the company's business was a matter for evidence and could not be conclusively decided at the stage of charge. The Court also noticed that the identical plea had earlier been repelled in revision and that order had not been challenged.

Conclusion: The charge was not liable to be quashed and the petition was dismissed.

Ratio Decidendi: At the stage of quashing, the Court will interfere only if the complaint and accompanying material, taken at face value, disclose no offence; where the complaint contains specific allegations attracting vicarious liability, the issue must ordinarily be left for trial.

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