Case Note & Summary
The petitioner, Dnyaneshwar Arjun Suryawanshi, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the Bombay High Court, seeking quashing of FIR No. 022/2020 registered at Rajgad Police Station, Pune Gramin, for offences under Sections 307, 353, 332, 504, 506 of the Indian Penal Code, 1860 (IPC) and Section 185 of the Motor Vehicles Act, 1988. The FIR was lodged by PSI Samir Vilas Kadam, who alleged that on 19th January 2020, while managing traffic at Khed Shivapur Toll Naka, the petitioner, driving a Scorpio vehicle, initially argued with toll employees, then drove his vehicle towards the informant, dragged him for about 15 meters, and caused injuries. The petitioner was caught by toll employees. The petitioner contended that the allegations did not disclose an intention to kill and that the injuries were minor, thus no offence under Section 307 IPC was made out. The State opposed the petition, arguing that the act of dragging a police officer with a vehicle showed intent to cause death. The court analyzed the ingredients of Section 307 IPC, noting that the section requires an intention to kill or knowledge that the act is likely to cause death, and the injury must be of a nature sufficient to cause death. The court found that the FIR did not allege any intention to kill, and the injuries sustained were simple in nature (abrasions and contusions). The court held that the act of dragging, though reprehensible, did not constitute attempt to murder. Consequently, the court quashed the FIR and all proceedings arising therefrom, allowing the petition.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 IPC - Ingredients - The court examined whether the act of driving a vehicle towards a police officer and dragging him for 15 meters amounts to attempt to murder. Held that for an offence under Section 307 IPC, there must be an intention to kill or knowledge that the act is likely to cause death, and the injury must be of a nature sufficient to cause death in the ordinary course of nature. In the absence of such intention and grievous injury, the offence is not made out (Paras 6-10). B) Criminal Procedure - Quashing of FIR - Section 482 CrPC - Inherent Powers - The court held that where the allegations in the FIR, even if taken at face value, do not disclose the commission of an offence, the High Court can exercise its inherent powers to quash the proceedings to prevent abuse of process of court (Paras 6-10).
Issue of Consideration
Whether the allegations in the FIR constitute an offence under Section 307 of the Indian Penal Code, 1860 (IPC) and whether the proceedings should be quashed.
Final Decision
The court allowed the petition and quashed FIR No. 022/2020 and all proceedings arising therefrom.
Law Points
- Attempt to murder
- Section 307 IPC
- ingredients of attempt
- intention to kill
- nature of injury
- quashing of FIR
- inherent powers under Section 482 CrPC
