The Tata Engineering and Locomotives Company Limited vs Sanjaya Agency and Another

P.K. Tripathy, J.—Petitioner who is the Senior Manager (Law) of the Tata Engineering & Locomotives Company Limited has filed this Application u/s 482, Cr.P.C. with the prayer to quash the order of cognizance and the complaint case vide I.C.C. No. 214 of 1996 of the Court of S.D.J.M., Bhubaneswar on the ground of absence of a prima facie case. Annexure-1 is the copy of the complaint filed by the petitioner wherein accused No. 1 on whose behalf this application is moved, has been described as follows :

"1. The Tata Engineering & Locomotives Company Ltd. represented through its Managing Director, having its Regional Sales Office for Orissa, at N. H. No. 5, Patrapara, Bhubaneswar, District - Khurda."

The aforesaid description of accused No. 1 indicates that petitioner is not an accused in the said complaint case. The petitioner has not averred that he is the power of attorney holder or he has been authorised by the said accused to move application on his behalf. In fact it is doubtful whether such an authorisation by an accused an application can be moved u/s 482, Cr.P.C. Be that as it may, since the petitioner is not an accused and there is no legal document permitting him to move for quashing of the proceeding on behalf of an accused, therefore, the application filed by him u/s 482, Cr.P.C. is not maintainable and accordingly, the application u/s 482, Cr.P.C. stands rejected.