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Head Note

The Code of Criminal Procedure, 1973  - Section 190 , Section 204 , Section 482

2G Spectrum Scam Case - Offence by Company - Issue of Process - Quashing petition - Principle of 'alter ego' - Appellant are Managing Director - CBI did not implicate the appellants - The learned Special Magistrate has observed in the impugned order that since the appellants represent the directing mind and will of each company, their state of mind is the state of mind of the company and, therefore, on this premise, acts of the company is attributed and imputed to the appellants - Held that it is difficult to accept it as the correct principle of law -There has to be a proper satisfaction in this behalf which should be duly recorded by the Special Judge on the basis of material on record - No such exercise is done -It is difficult to sustain the impugned order dated 19.03.2024 in its present form insofar as it relates to implicating the appellants and summoning them as accused persons - Order summoning these appellants liable to be set aside - Since on an erroneous presumption in law, the Special Magistrate has issued the summons to the appellants, it will always be open to the Special Magistrate to undertake the exercise of going through the material on record and on that basis, if he is satisfied that there is enough incriminating material on record to proceed against the appellants as well, he may pass appropriate orders in this behalf.

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