Code of Criminal Procedure, 1973: s.482 – Quashing of FIR – Prosecution case was that a blast took place in a factory resulting in death of seven persons and criminal proceedings were initiated against the respondents being the persons responsible for the affairs and running of the factory for commission of offence punishable under s.302 IPC – Respondents sought quashing of FIR – High Court partly allowed the petition and altered the charge to s.304A IPC – On State’s appeal, held: The reasoning and the conclusion arrived at by the High Court for altering the charge for the offence from s.302 to s.304-A IPC at this stage cannot be faulted with – Sessions Judge is directed to complete the trial within one year – Penal Code, 1860 – s.304A.
Dismissing the appeal, the Court
HELD: The trial in the case must set in motion and conclude in terms of the direction of the High Court for deciding as to whether any case under Section 304-A IPC has been made out against the respondents or not and, if so, what punishment can be imposed on them for commission of such offence, and if not, then why. Due to pendency of this litigation and the stay operating, the trial in the case remained stayed for all these years. The Sessions Judge, who is seized of the trial of the respondents’ case in question, is directed to ensure that the trial is completed on merits within one year from the date of this order strictly in accordance with law. Depending upon the evidence adduced by the prosecution, the Sessions Judge has ample power to alter/amend/add any charge by taking recourse to powers under Section
216 of the Cr.P.C. notwithstanding the High Court altering the charge at this stage. [Paras 13-16] [927-E-G; 928-A-B]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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