Allahabad High Court Stays FIR Against Director & Manager Of 'OPPO Mobiles India' In Alleged Mobile Explosion Case

The Allahabad High Court recently stayed a First Information Report (FIR) registered against the Director and Manager of OPPO Mobiles India Pvt. Ltd. in an alleged mobile explosion case.

Essentially, a case had been registered against the Director and Manager of OPPO Mobiles India Pvt. Ltd. pursuant to the lodging of an FIR by the third respondent/informant alleging that he bought a mobile phone of OPPO brand in July 2019 and the said mobile phone exploded in his pocket on September 2020, due to which he sustained injuries.

In the FIR (registered under Sections 337, 338, 427 IPC), it had been alleged that the informant's mobile model F-11 of OPPO Brand exploded in his pocket leaving him seriously injured and he was immediately rushed to the hospital. Further, when his grandmother got to know about his ailment, she suffered a heart attack and which resulted in her death.

Moving to the High Court, it was argued by the petitioners that no offence was made out against them as the petitioners are mere Director and Manager of OPPO India Pvt. Ltd and have been falsely implicated in the present case.

It was also submitted that at the best, the informant ought to have approached the District Consumer Dispute Redressal Commission/Consumer Court or Civil Court for redressal of his grievance.

In support of his submission, the Counsel for the petitioners placed reliance on the judgement of Apex Court in Ravindranath Bajpe vs. Mangalore Special Economic Zone 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.

Having gone through the facts of the case and the contentions put forth, the bench of Justice Mahesh Chandra Tripathi and Justice Subhash Vidyarthi was of the prima facie opinion that the instant proceeding is an abuse of the process of law, which requires consideration by the court.

Therefore, the Court gave the respondents four weeks' time to file a counter affidavit in the matter, and in the meantime, the Court stayed further proceeding of the impugned FIR registered under Sections 337, 338, 427 IPC.

It may be noted that as per the contents of the FIR, accessed by Live Law, the informant Vashu Bhati lodged an FIR against Mohinder Singh Malik, Director Oppo India, Sanjay Goel, Manager Oppo India and other officials of the company.

Case title - Sanjay Goel and another v. State Of U.P. and 2 Others

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