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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr G.K. ILANTHIRAIYAN
SHEIK BAI – Appellant
Versus
STATE REP BY – Respondent
| Table of Content |
|---|
| 1. factual background involving an fir quashing petition against a site engineer. (Para 1 , 2 , 3) |
| 2. absence of mens rea or participation precludes liability under s. 304 ipc. (Para 4) |
| 3. final outcome of the criminal petition and investigative direction. (Para 5) |
Order
This petition has been filed to quash the FIR in Crime No.14 of 2003 on the file of the 1st respondent police registered for the offences punishable under Sections 304A and 304(i) of IPC.
2.The case of the prosecution is that while the daughter of the 2nd respondent was proceeding on 17.03.2003 from the Metro Railway Station to her office through the subway at Thousand Lights, the accused had allegedly demolished an old structure by using a 140 LR Poclain machine without adopting any safety measures or issuing any prior caution to the public. Due to the negligent demolition work, the debris from the demolished structure allegedly fell on the daughter of the 2nd respondent, causing grievous injuries, to which she subsequently succumbed. Based on the complaint lodged by the 2nd respondent, the 1st respondent police registered a case in Crime No.14 of2003 for the offences punishable under Section 304A IPC.
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