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HIGH COURT OF GUJARAT
J.C. DOSHI
Rameshbhai Parshottambhai Donga – Appellant
Versus
State of Gujarat – Respondent
Key Points: - The High Court should exercise Section 482 powers sparingly and not conduct a mini-trial at the quashing stage (!) (!) (!) . - The FIR must be read to determine if a prima facie case under 304 IPC exists or if 304A applies; quashing is not warranted at the threshold when material may show intent/knowledge (Part I/II of 304 vs 304A) (!) (!) (!) (!) (!) (!) . - The court held that, given investigation pending and the face-value reading of the FIR, a prima facie case under 304 IPC due to negligence can be made, so the FIR cannot be quashed at this stage; 304 vs 304A can be decided in trial or on completion of investigation (!) (!) . - Precedents emphasize cautious use of 482 to avoid stifling legitimate prosecution; ends of justice may require not quashing (!) (!) (!) . - The petition was ultimately dismissed; interim relief directing investigation suspension was later vacated (!) . - The FIR details alleged lack of safety measures, permitting untrained labor, absence of permit, and flammable hazards leading to death, forming the basis for potential 304 IPC culpable homicide not amounting to murder (!) (!) (!) (!) (!) .
JUDGMENT :
(J.C. DOSHI, J.)
1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants have prayed to quash and set aside the FIR being C.R.No.I-11213015201170 of 2020 registered with Gondal City Police Station, District Rajkot Rural for the offences under Sections 304 and 114 of Indian Penal Code and all the consequential proceedings arising therefrom qua the present applicants.
2. Relief claimed in the application reads as under :-
"(A) Your Lordships may be pleased to admit and allow this application;
(B) Your Lordships may be pleased to quash and set aside the impugned FIR being C.R. No. 1-11213015201170 of 2020 registered with Gondal City Police Station, Dist.: Rajkot Rural, dated 18.08.2020 for the offence punishable under Sections 304 and 114 of the Indian Penal Code, investigation thereon and all consequential proceedings arising out of the FIR;
(C) Pending admission, hearing and final disposal of the present petition, Your Lordships may be pleased to stay the proceedings of C.R. No. 1-11213015201170 of 2020 registered with Gondal City Police Station, Dist.: Rajkot Rural, dated 18.08.2020 for the offence punishable under Sections 304 a
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