Back
G. R. SWAMINATHAN
Nagasankar – Appellant
Versus
Inspector of Police, Madurai – Respondent
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code to call for the records pertaining to the First Information Report in Crime No.697 of 2021 dated 22.12.2021 on the file of the Respondent No.1 and quash the same as illegal as against the petitioners.)
1. “Not taking any decision is itself a decision”, so said Shri.PV.Narasimha Rao, the ninth Prime Minister of India. In law also, “act' would include “omission to act” as well. An omission is sometimes called a negative act. The Hon'ble Supreme Court cautioned in P.B.Desai v. State of Maharastra (2013) 15 SCC 481 that this seems a dangerous practice for it too easily permits an omission to be substituted for an act without requiring the special requirement for omission liability such as legal duty and physical capacity to perform the act. Section 32 of the IPC states that words referring to acts done extend also to illegal omissions. The adjective “illegal” is highly significant and it is this that has been emphasized in P.B.Desai.
2. The petitioners herein figure as A3 and A4 in Crime No.697 of 2021 registered on the file of the first respondent. They have filed this criminal original petiti
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....
Criminal culpability for culpable homicide requires proof of direct involvement, intention, or knowledge of the specific act, and cannot be vicariously attributed to a site engineer without evidence ....
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.
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.
A Site Engineer lacking involvement in demolition activities and presence at the scene cannot be held criminally liable under Section 304 IPC without proof of the requisite knowledge or intention to ....
The act must be the immediate or proximate cause for the occurrence, and negligence must be of a high degree to constitute gross negligence under Section 304-A of I.P.C.
The main legal point established in the judgment is that the owner of a building cannot be held vicariously liable for accidents if the responsibility for supervision and safety measures was delegate....
(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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
