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VIKRAM NATH, PRASANNA B. VARALE
Dinesh Dutt – Appellant
Versus
State Of Himachal Pradesh – Respondent
ORDER :
1. The challenge in the present appeal is to the order dated 29.12.2021 in Crl. Petition No.692/2019 whereby the High Court of Himachal Pradesh has dismissed the application under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as, “CrPC”), for quashing FIR no. 27/19 dated 03.03.2019 under Section 336 of Indian Penal Code 1860 (hereinafter referred to as, “IPC”) and final report under section 173 CrPC.
2. The factual background is that an FIR Crime No. 27/19 was registered on 03.03.2019 at the instance of one Smt. Meena w/o Sh. Babu Ram. It was alleged in the FIR that on 03.03.2019 at about 10:30 PM the complainant witnessed a loud blast from an electricity pole located about 100 meters away from her house, where she saw the appellant herein hanging on that pole being electrocuted. It was further alleged that this incident happened because of the carelessness of some person from the concerned electricity department by resuming electricity supply from behind. On the said FIR, a chargesheet came to be filed under Section 336 of IPC. The appellant herein is the man who incurred injuries from the electricity pole, as he was working in the Electricity Dep
The High Court erred in dismissing the petition to quash the FIR as the ingredients of the offence under Section 336 IPC were not established against the appellant.
The court ruled that an FIR lacking mens rea and intention does not constitute an offence under Section 304 IPC, emphasizing the need for careful exercise of inherent powers under Section 482 CrPC.
The court established that inherent powers under Section 482 Cr.P.C. should be exercised cautiously and only when no prima facie case exists against the accused.
The main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
The court has the power to quash proceedings if they are manifestly attended with mala fide and maliciously instituted with an ulterior motive.
The power to quash criminal proceedings under Section 482 of Cr. P.C. should be sparingly exercised and only in deserving cases. Mala fide allegations by the complainant cannot be a ground for quashi....
Attempt to Murder - Court while hearing the matter under Section 482 of Cr.P.C. at initial stage of trial, cannot examine and genuineness of the statement, allegation made in FIR.
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