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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Sanjeev Vora S/o Late Vora – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
M.NAGAPRASANNA, J.
The petitioner is accused No.12 qua all the other accused, this Court or the Co-ordinate Benches of this Court have quashed the proceedings. I deem it appropriate to notice the order passed by this Court.
The petitioner/accused No.1 in Sessions Case No.1164 of 2010 pending before the 69th Additional City Civil and Sessions Judge, Bengaluru is knocking at the doors of this Court calling in question continuance of proceedings in the aforesaid Sessions case registered for offences punishable under Sections 304 and 338 read with Section 34 of the IPC .
2. Heard Sri S. Shankarappa, learned counsel for the petitioner and Sri B.N. Jagadeesha, learned Additional State Public Prosecutor for the respondent.
3. The facts, in brief, germane are as follows:-
It is the case of the prosecution that on 23-02-2010 fire broke out in Carlton Towers, a commercial complex in the City of Bangalore at 4.20 p.m. resulting in 9 persons losing their lives and 70 people getting injured. The petitioner along with 20 accused were drawn into the web of crime on the score that their acts were rash and negligent and, therefore, would attract offences punishable under Sections 304 and 338
Criminal liability under IPC for negligence requires direct causation and gross negligence must be established; absence of presence at the incident absolves the petitioner of responsibility.
To establish criminal liability under IPC Sections 338 and 304, the accused must be proven to have directly caused death or injury without another's intervening negligence.
The High Court can quash FIRs for non-compoundable offences under Section 482 of the CrPC if a settlement is reached and gross negligence is not established, serving the ends of justice.
Point of Law : High Court may exercise the powers under Section 226 of Constitution or the inherent powers under Section 482 of Cr.P.C. to prevent abuse of process of Court or otherwise to secure the....
The judgment emphasizes that the material must prima facie indicate the accused's guilt of culpable homicide, and the knowledge of the accused persons about the sub-standard construction being likely....
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