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SUNDER MOHAN
S. Shahul – Appellant
Versus
State Rep. , by The Inspector of Police Chennai – Respondent
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking to call for the records and quash the proceedings as against the petitioner in C.C.No.1803 of 2017 pending on the file of the XV – Metropolitan Magistrate, George Town, Chennai.)
1. This Criminal Original Petition has been filed to call for the records and quash the proceedings as against the petitioner in C.C.No.1803 of 2017 for the offence under Section 304-A of I.P.C., pending on the file of the XV – Metropolitan Magistrate, George Town, Chennai.
2. The allegation in the charge sheet is that on 07.04.2017 at about 1 P.M., the defacto complainant''s six year old daughter had fallen into an open water sump in the flat premises at No.28/88, 3rd Street, Nethaji Nagar, Tondiarpet, Chennai. The petitioner is the house owner of the building wherein, the de-facto complainant and his family members resided as tenants.
3. It is the case of the prosecution that because of the rash and negligent act of the petitioner in not closing the water sump, the occurrence took place in which, the de-facto complainant''s six year old daughter had passed away.
4. The learned counsel for the petitioner
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 court established that negligence leading to death can be charged under Section 304A of the IPC, rather than culpable homicide under Section 304 when intent is absent.
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.
Liability for negligence in criminal cases requires clear evidence of gross negligence; merely failing to take additional precautions beyond established protocols is insufficient for criminal charges....
A direct nexus between the accused's negligent act and the death must be established for liability under Section 304-A IPC.
The judgment established the legal principles regarding culpable homicide under Section 304 IPC and rash and negligent act causing death under Section 304A IPC, emphasizing the requisite knowledge an....
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