SKODA AUTO VOLKSWAGEN INDIA PRIVATE LIMITED versus THE STATE OF UTTAR PRADESH AND ORS.

SKODA AUTO VOLKSWAGEN INDIA PRIVATE LIMITED versus THE STATE OF UTTAR PRADESH AND ORS.

Because the FIR, on its face, disclosed offences and the points relied on by the petitioner (delay, discrepant vehicle counts, and pendency of NGT-related civil appeals) involved disputed questions of fact or did not preclude individual criminal complaints, the Court refused to quash the FIR and dismissed the SLP;...

Source-derived case information.

Parties
Petitioner: SKODA AUTO VOLKSWAGEN INDIA PRIVATE LIMITED; Respondent: The State of Uttar Pradesh and Ors.; De Facto Complainant: 3rd Respondent (de facto complainant)
Jurisdiction
India
Judgment Date
26 November 2020
Procedural Posture
Special Leave Petition (criminal) / Decided SLP Dismissed (supreme Court Judgment)
Outcome
Special Leave Petition dismissed
Legal Topics
Quashing of FIR, Interplay Between Police Investigation and Pending Civil Appeals, Delay in Lodging Criminal Complaint, Emission Standards and 'defeat Devices'
Criminal Procedure Environmental Law Administrative/regulatory Law Motor Vehicles Regulation Quashing of FIR Interplay Between Police Investigation and Pending Civil Appeals Delay in Lodging Criminal Complaint Emission Standards and 'defeat Devices'

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

SKODA AUTO VOLKSWAGEN INDIA PRIVATE LIMITED

Petitioner

The State of Uttar Pradesh and Ors.

Respondent

3rd Respondent (de facto complainant)

De Facto Complainant

Procedural Posture

Special Leave Petition (criminal) / Decided SLP Dismissed (supreme Court Judgment)

Legal Issues

  1. 1 Whether police can investigate allegations the substratum of which are the subject matter of pending civil appeals arising out of an NGT order
  2. 2 Whether long delay in lodging the complaint and inconsistencies in vehicle purchase claims justify quashing the FIR
  3. 3 Whether the NGT order and pending appeals operate as an impediment to individual complainants seeking criminal investigation

Ratio Decidendi

Because the FIR, on its face, disclosed offences and the points relied on by the petitioner (delay, discrepant vehicle counts, and pendency of NGT-related civil appeals) involved disputed questions of fact or did not preclude individual criminal complaints, the Court refused to quash the FIR and dismissed the SLP; courts should not ordinarily obstruct investigations when an offense is prima facie disclosed.

Court Disposition

Special Leave Petition dismissed

Orders

  • No order as to costs.
  • High Court interim protection against arrest till filing of report under Section 173(2) Cr.P.C. stands (petitioner not entitled to further relief)