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NIKHIL S. KARIEL
Dharmendrabhai @ Bakabhai Joitaram Patel – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Heard learned Senior Advocate Mr. J.M. Panchal with Advocate Mr. Nandish Thacker for Thakkar and Pahwa Advocates for the applicants and learned APP Ms. M.D. Mehta for the respondent-State in Criminal Misc. Application No. 5325 of 2013 and learned Advocate Mr. K.P. Raval with learned Advocate Mr. Manav Mehta for the applicants and learned APP Ms. M.D. Mehta for the respondent-State in Criminal Misc. Application No. 25358 of 2017.
2. Issue Rule in Criminal Misc. Application No. 5325 of 2013. Learned APP Ms. Mehta waives service of Rule on behalf of the respondent-State.
3. The applicants of both the applications pray for quashing of the FIR being C.R. No.I- 29 of 2013 registered with Mahidharpura Police Station, Surat, on 28.02.2013, for the offences punishable under Section 304(Part- II), 337, 338 and 114 of the Indian Penal Code.
4. The said FIR which is registered at the instance of the respondent No.2 in both the applications, being the Police Sub Inspector, Mahidharpura Police Station, inter alia alleges that the incident in question had happened near the Delhigate Cross Road, opposite to Amisha Hotel, Lucky Tower, on Una Pani Road, in the jurisdiction of the Police St
(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.
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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....
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....
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.
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