Crl.A. No. 001805 / 2012
SHANTIBHAI J VAGHELA vs STATE OF GUJARAT .
Status
DISPOSED
Order Date
09-11-2012
Filed On
30-03-2011 02:48 PM
casestatus.in Summary
When an FIR discloses allegations amounting only to negligence or omission — such as failure to conduct a timely search or inform the police — and no material exists to establish the mens rea required under Section 304 IPC, quashing of the FIR to that extent is legally sustainable, leaving prosecution under Section 304A IPC for rash or negligent acts to continue. As analysed on casestatus.in, a High Court exercising jurisdiction under Section 482 CrPC may appropriately interdict investigation where the allegations on their face cannot constitute culpable homicide not amounting to murder.