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AMIT BORKAR
Vimalbhai Bhanabhai Patel – Appellant
Versus
Union Territory Of Dadra Nagar Haveli – Respondent
JUDGMENT
Amit Borkar, J. - Since the facts and the points involved are common, all the petitions are being disposed of by this common judgment.
2. All the petitions arise out of rejection of discharge application under section 227 of the Criminal Procedure Code, 1973 (hereafter 'CrPC', for short). The applicant in Revision Application No.331 of 2018 is accused no.2; petitioners in Criminal Writ petition No.2309 of 2018 are accused nos.1 and 3; applicant in Revision Application No.297 of 2018 is accused no.6; and the applicant in Revision Application No.342 of 2018 is accused no.4.
3. First Information Report (hereafter 'FIR', for short) came to be registered against accused persons mentioned above in relation to unfortunate incident took place on 28 April 2006 on the basis of information lodged by one Mr. Prakash Solanki, Fireman attached to Fire Brigade Department at Dadra and Nagar Haveli stating that fire brigade building near village Amli was under construction since two (2) months prior to the date of the report. The work of construction of the said building was assigned to accused no.1 and his brother accused no.2 who used to supervise the said construction work along with the o
The main legal point established in the judgment is the requirement of sufficient grounds and prima facie evidence for framing charges against the accused at the stage of section 227 proceedings.
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....
(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....
(1) Mens rea is essential for a negligent act to be brought in ambit of criminal liability.(2) Negligence in civil law may not be necessarily a negligence in criminal law.
The main legal point established in the judgment is that the direct involvement of the accused in the construction and supervision of the building, as evidenced by witness statements and technical re....
To establish corruption under the Prevention of Corruption Act, intentional wrongdoing must be proved beyond negligence, with the court emphasizing the necessity for a prima facie case based on exper....
The main legal point established in the judgment is the need for the trial court to form an opinion based on the material placed on record by the Investigating Officer and not conduct a mini trial or....
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