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V. SUJATHA
D. Chandra Sekher Reddy – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
V. Sujatha, J.
This Criminal Petition under Section 482 of the Code of Criminal Procedure [for short Cr.P.C], seeking to quash the proceedings against the petitioner in C.C.No.521 of 2018 on the file of the Judicial Magistrate of First Class, Kurnool District, Kurnool, for the offences punishable under Sections 304-A IPC, wherein the petitioner has been arrayed as accused No.2.
2. The case of the prosecution is that on 02.10.2017 at about 6.30p.m. while the deceased was crossing the road in front of Bugga Rameswara Swamy temple, Kalva Bugga village, the accused No.1, being driver of the Car bearing registration No.AP 04 AT 0023 coming from Nandyal side, drove the same in rash and negligent manner, without blowing horn, hit the deceased, who fell down and died on the spot with bleeding injuries. The same was informed to the 3rd respondent/ who is the defacto complainant. On 02.10.2017 basing on the report of the 3rd respondent herein, the Sub Inspector of Police registered a case in Crime No.214 of 2017 under Section 304A IPC of Orvakal Police Station against the car driver, the National Highway Authority Road No.42 and KMC Constructions Authorities. After completion of investi
A direct nexus between the accused's negligent act and the death is essential for liability under Section 304-A IPC.
A direct nexus between the accused's negligent act and the death must be established for liability under Section 304-A IPC.
The court established that charges cannot be sustained without adequate evidence, and magistrates must provide reasons for their decisions to ensure justice.
Mere allegations of harassment do not constitute abetment of suicide under Section 306 IPC without direct evidence linking the accused's actions to the deceased's decision to commit suicide.
Under Section 482 CrPC, High Court cannot quash Section 304A IPC proceedings on police charge-sheet by assessing allegation falsity or conducting mini-trial; Magistrate need not record reasons for co....
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.
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