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2019 Supreme(Pat) 411

ASHWANI KUMAR SINGH
Himanshu Chorasia @ Himanshu Bhusan Chhotaray, Son of Lingaraj Chhotaray – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Girijish Kumar, Advocate
For the Respondents: Mr. Kumar Vikram, Adv

Judgement Key Points

What is the basis for quashing an FIR under Article 226 when the allegations do not attract the ingredients of the offences alleged? What is the essential nexus required between the alleged act and death for offences under IPC sections 304A, 507, and 109? What are the elements required to establish criminal intimidation and abetment under Sections 503, 109 of the IPC in this case?

Key Points: - The court quashed the FIR because none of the ingredients of the alleged offences were attracted [8000472550022][8000472550024]. - Section 304A requires death by rash or negligent act with a direct nexus to the death, which was not established here; vague mental cruelty allegations are insufficient [8000472550012] (!) (!) . - There is no allegation of threatening injury to person, reputation, or property to constitute criminal intimidation under Section 503; absence of such threats voids Section 507 and 503 allegations [8000472550016] (!) (!) . - Section 109 requires abetment of an offence; absence of an identified offence abetted means no liability under Section 109 [8000472550018][8000472550020]. - The informant's and witnesses’ statements do not provide direct evidence of a rash/negligent act or direct nexus by the petitioner leading to death [8000472550012][8000472550019]. - High Court emphasized abuse of process if prosecution proceeds when no offence is made out on face value of the allegations [8000472550021]. - FIR Civil Lines P.S. Case No. 401 of 2018 was quashed; writ petition allowed [8000472550024][8000472550025]. - Facts: deceased Binay Kumar’s death occurred in hospital after arrival at 9:15 a.m.; no direct interaction shown between petitioner and the deceased causing death (!) (!) (!) . - The State’s investigation did not reveal witnesses supporting the mental torture allegations; investigation to be concluded with report [8000472550005][8000472550006]. - Legal interpretation: 304A requires a direct nexus; 503/507 require specific threats; 109 requires abetment causing an offence; none present here (!) (!) [8000472550015][8000472550013].

What is the basis for quashing an FIR under Article 226 when the allegations do not attract the ingredients of the offences alleged?

What is the essential nexus required between the alleged act and death for offences under IPC sections 304A, 507, and 109?

What are the elements required to establish criminal intimidation and abetment under Sections 503, 109 of the IPC in this case?


JUDGMENT :

Heard learned counsel for the petitioner and learned counsel for the State.

2. This application under Article 226 of the Constitution of India has been filed by the petitioner for quashing the First Information Report (for short ‘FIR’) of Civil Lines P.S. Case No. 401 of 2018 registered under Sections 109, 304A and 507 of the Indian Penal Code (for short ‘IPC’).

3. In the FIR, it has been alleged by the informant Bhagwat Pandey that he received a call on 27.09.2018 at 10:18 a.m. from Mobile No.9560710103 on his Mobile No.7717704869. The caller said that he is an employee of HDFC Bank, Gaya. He informed that the condition of his son is not good and requested to him come immediately. At that time, he was in Patna Secretariat. He informed his son-in-law, Bharat Pandey immediately about the contents of the call he received. Another call from Mobile No.9931279780 was received at his house on Mobile No.7717704869 and it was informed that his son has died. Thereafter, he along with his son-in-law and his own brother Laxman Pandey and his friend Dinesh Pandey went to Abhay Institute of Medical Sciences (for short ‘AIMS’), Gaya. They reached there at about 3:45 p.m.. At that time, s

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