Supreme Court Grants Interim Protection to Vodafone in Criminal Complaint Case

The Supreme Court of India has granted interim protection to Vodafone Mobile Services Ltd. in a criminal complaint case, directing the Punjab & Haryana High Court to expeditiously dispose of the pending petitions. The ruling ensures that proceedings before the Magistrate remain deferred until the High Court decides on the matter.

Background of the Case

The case arose from a criminal complaint (Crl. Complaint No. 8 of 2012) filed before the Judicial Magistrate, Chandigarh, against Vodafone Mobile Services Ltd. The company challenged the proceedings before the High Court of Punjab and Haryana through CRM No. M-25888 of 2013, securing an interim stay on August 8, 2013.

However, on September 26, 2016, the High Court vacated the interim stay after the petitioner’s counsel was not ready for final arguments on the assigned day. Consequently, the Magistrate proceeded with the case and issued summons to Vodafone.

Arguments by Vodafone

Vodafone, represented by senior counsel Siddharth Luthra, contended:

• The interim protection was vacated due to an inadvertent delay by counsel, not because of any default on Vodafone’s part.
• An application (CRM No. 38447 of 2016) was filed before the High Court seeking a recall of the order vacating the interim stay.
• The company should not be prejudiced by the procedural lapse of a single hearing.

Supreme Court’s Observations

The Supreme Court took into account Vodafone’s submissions and ruled:

“The interest of justice would be served if the High Court is requested to dispose of Crl. M.P. No. 38447 of 2016 along with CRM No. M-25888 of 2013 expeditiously and defer the proceedings before the Magistrate till such time.”

The Court also reinstated the interim protection initially granted to Vodafone on August 8, 2013, with the condition that the company shall not seek adjournments in the High Court and will cooperate in the speedy disposal of the pending matter.

Final Judgment

• The Supreme Court disposed of the appeal, directing the High Court to expeditiously decide on the pending petitions.
• Proceedings before the Magistrate were deferred until the High Court’s final decision.
• The original interim protection granted to Vodafone was reinstated.
• Vodafone was mandated to cooperate with the High Court and not seek unnecessary adjournments.

Conclusion

This ruling highlights the importance of procedural fairness in criminal cases and ensures that corporate entities are not unduly prejudiced due to minor procedural lapses. The Supreme Court’s intervention protects Vodafone from immediate criminal proceedings while allowing the High Court to decide the matter on merits.

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Download Judgment: Vodafone Mobile Serv vs Lalit K. Gupta Supreme Court of India Judgment Dated 20-01-2017.pdf