Oppo mobile phone explosion: Allahabad High Court stays FIR against Director, Manager of OPPO Mobiles India

The Allahabad High Court recently stayed the First Information Report (FIR) registered against the Director and Manager of OPPO India Private Limited in a case relating to explosion of mobile phone [Sanjay Goel and Another v. State of Uttar Pradesh and Others]..A Division Bench of Justices Mahesh Chandra Tripathi and Subhash Vidyarthi observed that the proceedings prima face seemed to be an abuse of process of law."Prima facie, we are of the opinion that present proceeding is abuse of the process of law, which requires consideration by this Court. Till the next date of listing, further proceeding of impugned First Information Report dated January 27, 2021 registered as Case Crime No.0037 of 2021 under Sections 337, 338, 427 IPC, Police Station Knowledge Park, District Greater Noida (Commissionerate Gautambuddh Nagar), shall remain stayed," the Court ordered.FIR was lodged against the Director and Manager of OPPO India Private Limited, alleging that the third respondent/informant bought a mobile phone of OPPO India Pvt. Ltd. in July 2019 and the said mobile phone exploded in his pocket in September 2020, due to which he sustained injuries.The accused were booked for offences under Sections 337 (causing hurt by act endangering life or personal safety of others), 338 (causing grievous hurt by act endangering life or personal safety of others), 427 (mischief) of the Indian Penal Code 1860.The petitioners moved the High Court seeking quashing of the FIR arguing that no offence was made out and that they have been falsely implicated in the present case.Moreover, the petitioners submitted that at best, the informant ought to have approached the District Consumer Dispute Redressal Commission/Consumer Court or Civil Court for redressal of his grievance.Reliance was placed on Ravindranath Bajpe v. Mangalore Special Economic Zone, Criminal Appeal 1047-1048 of 2021, wherein it has been held that the company officials like Chairman, Managing Director, Director etc. cannot be held vicariously liable under criminal law for the offences committed by the company unless there are specific allegations and averments against them with respect to their individual role.The Court said that the matter needs to considered and issued notice while granting interim relief to the petitioner-accused.Advocates Swetasha Agarwal and Dinkar Lal appeared for the petitioners..[Read Order]