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2025 Supreme(Online)(Mad) 58303
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sunder Mohan, J
Dr.Sudharsan – Appellant
Versus
The State of Tamil Nadu – Respondent
Crl.O.P.(MD).No.5180 of 2025 | C.C.No.179 of 2024
For the Appellants/Petitioners: Mr.R.Gandhi Senior Counsel for M/s.Gandhi Associates
For the Respondents: Mr.R.Meenakshi Sundaram Additional Public Prosecutor
To establish criminal liability for negligence, the accused's act must be the direct cause of death, not merely a contributing factor, requiring proof of gross negligence.
Headnote:(A) Indian Penal Code, 1860 - Sections 279, 304A - Quashing criminal proceedings - Allegations against the petitioner relate to a traffic accident resulting in the death of a two-wheeler rider - The court determines that the act of the petitioner did not constitute proximate cause of death, fulfilling neither the causa causans nor gross negligence requirement for prosecution under Section 304A IPC. (Paras 6 and 9)
(B) Negligence - The standard for establishing criminal negligence - The prosecution must prove that the accused's act was the direct cause of death, not merely a contributory cause - The distinctions between causa causans and causa sine qua non explored. (Paras 6 and 8)
Facts of the case:
The petitioner was accused of negligence resulting in a fatal accident involving the opening of a car door, which led to a rider colliding with it. The death was subsequently caused by another vehicle, raising questions of legal liability.
Findings of Court:
The final report against the petitioner was quashed due to insufficient evidence of gross negligence or proximate cause for the alleged crime.
Issues: The court assessed the nature of negligence attributed to the petitioner, particularly whether it constituted gross negligence appropriate for criminal charges.
Ratio Decidendi: The court concluded that while the petitioner acted negligently, the evidence did not show that this negligence was the direct cause of death under IPC provisions, thus quashing the charges.
Result: Criminal Original Petition allowed.
| Table of Content |
|---|
| 1. accusations arise from a traffic accident. (Para 1) |
| 2. initial cause of accident and liability. (Para 2 , 3 , 4 , 5) |
| 3. proximate cause necessity for prosecution. (Para 6 , 7 , 8) |
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2025 CORAM THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.5180 of 2025 and Crl.M.P.(MD).Nos.3731 and 3732 of 2025 Dr.Sudharsan ... Petitioner/Accused No.1 Vs.
1.The State of Tamil Nadu, rep. by the Inspector of Police, TIW II Police Station, Madurai City.
(Crime No.207/2023) ... 1st Respondent/Complainant
2.Senthilkumar ... 2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records relating to the charge sheet in C.C.No.179 of 2024 pending on the file of the Judicial Magistrate Court No.II, Madurai and quash the same as illegal insofar as the petitioner is concerned.
For Petitioner : Mr.R.Gandhi Senior Counsel for M/s.Gandhi Associates For R-1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R-2 : No appearance
ORDER
This Criminal Original Petition has been filed to quash the final report in C.C.No.179 of 2024 as against the first accused for the offences under Section
279 and 304A of IPC .
2. The allegation in the final report is that the petitioner was seated in the driver seat of his car bearing Registration No.TN 59 CM 5305; that without ascertaining the traffic behind him, he had opened the right side door of the car; that the deceased, who was riding his two wheeler therefore had dashed against the door of the car and fell down; that A2, who came behind in the same direction in a car bearing Registration No.TN 59 CB 1923, drove the car in a rash and negligent manner and caused the death of the deceased by running over the deceased and fled from the scene of occurrence.
3. Mr.Gandhi, learned Senior Counsel for the petitioner would submit that even according to the prosecution, the petitioner's act was not the causa causans for the accident or the death of the deceased; that in any case, his act even though would amount to negligence, would not amount to gross negligence to warrant a prosecution for the offences under Section 279 and
304A of IPC . In support of his submission, the learned Senior Counsel relied upon the judgments of this Court in the case of S.Varadhan Vs. State in Crl.O.P.No.22896 of 2008 dated 27.01.2012 and in the case ofSumathi Vs. State , rep. by Inspector of Police, Chekkanoorani Police Station, Madurai District reported in2023 (2) MWN (Cr.) 279
4. The learned Additional Public Prosecutor per contra submitted that the act of the petitioner in opening the car door without due care and caution would amount to negligence; that the petitioner's act was the initial cause for the accident. He would further submit that the question as to whether the petitioner was guilty of negligence or gross negligence has to be adjudicated only in the trial and not in a quash petition and sought for dismissal of the quash petition.
5. Though notice has been served on the second respondent and his name is printed in the cause list, none has entered appearance
6. The allegation as stated above would indicate that due to the act of the petitioner in opening the door, the deceased fell down by dashing against the door of the petitioner's car. Admittedly, the petitioner's act had not caused the death of the deceased as the deceased was run by the vehicle driven by the second accused. It can be said that but for the petitioner's act, the death of the deceased could not have occurred and he was also guilty of negligence. But, in order to prosecute the petitioner for the offence under Section 304A IPC , it has to be established that the petitioner's act was the causa causans, i.e., immediate cause and not merely causa sine qua non for the death of the deceased. In this case, the prosecution's case at best suggests that the petitioner's act was the causa sine qua non. Such an allegation cannot
