https://www.taxtmi.com/caselaws?id=279652 Wrongful restraint requires a voluntary and direct physical obstruction preventing a person from proceeding in a lawful direction, and mere status as a company director or officer does not create criminal liability. Where the complaint alleges no overt act, no personal participation, and no legally sustainable basis for vicarious criminal liability, summoning the accused is unsustainable. The inherent power to quash may be used when the allegations, even if accepted as true, do not disclose the offence and continuation of proceedings would amount to abuse of process; on these facts, the complaint and summons were liable to be quashed. en-us Wed, 13 May 2009 00:00:00 +0530 Mon, 16 Oct 2023 13:13:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=279652 Wrongful restraint requires a voluntary and direct physical obstruction preventing a person from proceeding in a lawful direction, and mere status as a company director or officer does not create criminal liability. Where the complaint alleges no overt act, no personal participation, and no legally sustainable basis for vicarious criminal liability, summoning the accused is unsustainable. The inherent power to quash may be used when the allegations, even if accepted as true, do not disclose the offence and continuation of proceedings would amount to abuse of process; on these facts, the complaint and summons were liable to be quashed. Case-Laws Indian Laws Wed, 13 May 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=279652