Dismissal of Quashing Petition in Electrocution Case: Court Upholds Trial Process.
19 December 2024
Criminal Trial >> Criminal Law | Evidence >> Criminal Law | FIR >> Criminal Law
The applicants have filed a petition under Section 482 of the Cr.P.C. seeking to quash the charge sheet and the cognizance order in a case involving the death of the first informant's uncle. The uncle had gone missing and was later found dead in a well. The informant suspects the death was due to electrocution caused by an illegal electricity connection installed by the applicants. The applicants argue that an RTI response shows that the uncle visited a veterinary hospital on the day of his death, casting doubt on the FIR's claims.
However, the court found that the applicants’ involvement in the incident could not be ruled out at this stage. The case required a detailed examination of evidence, which could only be properly done during the trial. The court emphasized that the inherent power of Section 482 Cr.P.C. should be exercised cautiously and not for conducting a mini trial or resolving factual disputes.
The court ruled that the applicants could seek discharge in the trial court and that their case would be considered without prejudice by the trial court. The prayer for quashing the proceedings was rejected.
Section 482., Code of Criminal Procedure - 1973
Code of Criminal Procedure, 1973
Section 201., Indian Penal Code - 1860
Section 304., Indian Penal Code - 1860