The Supreme Court of India decided the Special Leave Petition filed by Avnish Bajaj, for quashing a criminal case against him relating to a pornographic MMS posted for sale on the Baazee website, of which he was the CEO at the time. The Court held that when the principal offence has been alleged against a company and it is not made an accused then the directors and the employees to whom the vicarious liability cannot be tried. As per this holding it quashed charged under Sec. 67 read with Sec. 81 of the IT Act.
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