WYETH LIMITED & ORS. versus STATE OF BIHAR & ANR.

WYETH LIMITED & ORS. versus STATE OF BIHAR & ANR.

The complaint, when carefully read, disclosed only a commercial relationship that had broken down and did not establish the ingredients of the offences alleged; accordingly the FIR and the charge-sheet arising from that complaint were liable to be quashed and the High Court erred in dismissing the quash petition without considering the subsequent filing of the charge-sheet and the application to bring it on record.

Parties
Appellant: WYETH LIMITED & ORS.; Respondent: STATE OF BIHAR; Complainant/respondent: Respondent No.2
Jurisdiction
India
Judgment Date
11 August 2022
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Dismissing Petition Under Section 482 Cr.p.c.
Outcome
Appeal allowed; impugned High Court order set aside.
Legal Topics
Quashing of Fir/complaint, Private Complaint Under Section 200 Cr.p.c., Referral Under Section 156(3) Cr.p.c., Charge Sheet, Ingredients of Offence
Criminal Procedure Criminal Law Civil Law Quashing of Fir/complaint Private Complaint Under Section 200 Cr.p.c. Referral Under Section 156(3) Cr.p.c. Charge Sheet Ingredients of Offence

Case Brief

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Parties

WYETH LIMITED & ORS.

Appellant

STATE OF BIHAR

Respondent

Respondent No.2

Complainant/respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Dismissing Petition Under Section 482 Cr.p.c.

Legal Issues

  1. 1 Whether the private complaint under Section 200 Cr.P.C. disclosed commission of any offence
  2. 2 Whether the FIR and subsequent charge-sheet ought to be quashed under Section 482 Cr.P.C.
  3. 3 Whether the High Court erred in dismissing the quash petition without considering the subsequent filing of the charge-sheet and the interlocutory application to bring it on record

Ratio Decidendi

The complaint, when carefully read, disclosed only a commercial relationship that had broken down and did not establish the ingredients of the offences alleged; accordingly the FIR and the charge-sheet arising from that complaint were liable to be quashed and the High Court erred in dismissing the quash petition without considering the subsequent filing of the charge-sheet and the application to bring it on record.

Court Disposition

Appeal allowed; impugned High Court order set aside.

Orders

  • FIR and the charge-sheet against the appellants are quashed
  • No order as to costs