In Brief
A company filed a criminal complaint against shareholders and trustees alleging theft of internal documents used in company petition and civil suits. The Supreme Court held that while documents are movable property capable of being stolen, temporary removal and use of documents in bona fide judicial proceedings to substantiate legitimate claims of oppression and mismanagement does not constitute theft. No dishonest intention, wrongful gain, or wrongful loss was established. The Magistrate's order taking cognizance lacked proper application of mind. The Court found the criminal proceedings were an abuse of process intended to arm-twist the respondents from pursuing legitimate legal remedies, and quashed the proceedings against all respondents.
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