HINDUSTAN LEVER LTD Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition under section 482, CrPC has been filed for quashing the part of the impugned order Annexure G dated 8.1.2005 whereby learned trial Court has allowed the application filed by the complainant and directed the applicant-accused No. 7 to furnish information in writing disclosing the names of the Directors and Managing Directors of the Company at the time of alleged incident. Learned trial Court has also observed that only because of not furnishing of information by the applicant-accused, the Directors could not be made accused in the case and the Court has power to direct, in the interests of justice, accused No. 7-applicant for furnishing such information.

(2.) LEARNED counsel for the applicant has submitted that abovementioned direction regarding disclosure of names of working Directors/and Managing Director of the Company on the relevant dates, is contrary to the provision under section 316 of the Code of Criminal Procedure, which reads as under :

(3.) HAVING heard learned counsel for the parties and after perusing the impugned order as well as relevant provisions under section 316 of the CrPC, which is strictly prohibiting putting any influence by means of any promise or threat or otherwise upon the accused to induce him to disclose or withhold any matter within his knowledge, the order of the learned Court below is just contrary to the mandatory Provision under section 316 CrPC. This provision will not apply when the accused is tendered pardon as per provision under sections 306 and 307, CrPC. In the present case in hand, learned trial Court has not tendered pardon to the applicant-accused. Therefore, provision under section 316, CrPC is applicable and the wordings of this provision are clearly showing its mandatory nature. Therefore, relevant portion of the order whereby learned trial Court has directed the applicant-accused No. 7 in the complaint to disclose the names of the working Directors and Managing Director of the Company on the date of the incident, is liable to be quashed and hence the same is hereby quashed.