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MOHAMMAD NAWAZ
G. V. Prasad S/O Shivaramkrishanayya – Appellant
Versus
State Through Raichur Rural P. S. , Through The Addl. Public Prosecutor – Respondent
ORDER :
Mohammad Nawaz, J.
Since, the question involved in this case is already decided in the case of Ananthakumar vs. State of Karnataka, reported in AIR Online 2019 KAR 565, instant petition is taken up for final disposal.
2. It is contended by the learned counsel for petitioners that parallel proceedings, leading to parallel act in respect of the very same incident cannot go on and the culmination of the same, will result in double jeopardy. Hence, it is submitted that, petitioners have sought to quash the criminal proceedings arising out of Crime No.235/2017, registered at Raichur Rural Police Station, for the offence punishable under Section 304A read with Section 34 of IPC.
3. The above case came to be registered against petitioners, working as owner cum occupier and the manager of one ‘Krishnaprasad Rice Mill Industries’, Vadlur road, Raichur, as one of the employee of the said Rice Mill by name Sujeet Paswan died due to electrocution while pumping water using a ½ H.P. electric motor.
4. In the complaint lodged by the co-worker by name Sanjeetkumar, it is alleged that the electric motor was old and the manager of the Rice Mill without taking any precaution and providing safety m
Parallel prosecutions under IPC and Factories Act for the same incident are impermissible, necessitating prosecution under one enactment only.
Provision of Section 92 of Factories Act, it is clear that Factories Act is not a part of general penalty law but arise out of a breach of a duty provided in it - Offence punishable under Factories A....
It is clear that the law is well settled that in order to attract provisions of Article 20 (2) of the Constitution of India or Section 300 of CrPC or Section 26 of the General Clauses Act, the ingred....
Concurrent prosecutions under the IPC and Factories Act for the same incident are permissible as the laws address different legal elements and liabilities.
A Factory Manager can be prosecuted under IPC Section 304A for negligence leading to an employee's death, even if the Occupier was previously prosecuted under the Factories Act, without violating dou....
Prosecutions under different sections for workplace incidents can coexist without double jeopardy as they address distinct legal matters.
(1) Discharge of accused – By its very nature, discharge is at a higher pedestal than acquittal – Acquittal is at end of trial process, may be for a technicality or on benefit of doubt or prosecution....
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