Case Note & Summary
The petitioner, Sri. Vijay S.P., Managing Director of Torento Technologies Pvt. Ltd., filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of the entire proceedings in C.C.No.11064/2013 arising from Crime No.1030/2012 registered by Madiwala Police Station for the offence punishable under Section 338 read with Section 34 of the Indian Penal Code, 1860 (IPC). The complaint alleged that the complainant's brother-in-law, Sri. Manju, was working as a housekeeping staff under S.R.S. Security and was assigned repair work at Injam Tech Park parking place due to stagnation of rain water. During the work, a vehicle allegedly driven rashly caused grievous hurt to Manju. The petitioner was not present at the scene and no material was placed to show his involvement in the alleged rash driving. The court considered the arguments of the petitioner's counsel and the High Court Government Pleader for Respondent No.1. The court held that there was no prima facie case against the petitioner and continuing the proceedings would be an abuse of the process of law. Accordingly, the court allowed the petition and quashed the proceedings in C.C.No.11064/2013.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 Cr.P.C. - Lack of Prima Facie Case - Petition filed to quash proceedings in C.C.No.11064/2013 for offence under Section 338 read with Section 34 IPC - Petitioner, Managing Director of a company, was not present at the scene of accident and no material to show his involvement - Held that continuation of proceedings would be an abuse of process of law and proceedings are quashed (Paras 5-6).
Issue of Consideration
Whether the criminal proceedings against the petitioner, who is the Managing Director of a company, can be quashed under Section 482 Cr.P.C. when there is no material to show his involvement in the alleged rash driving causing grievous hurt.
Final Decision
The petition is allowed. The entire proceedings in C.C.No.11064/2013 pending on the file of the III ACMM, Bangalore are quashed.
Law Points
- Quashing of criminal proceedings under Section 482 Cr.P.C.
- Lack of prima facie case
- Vicarious liability not applicable without specific allegations
- Section 338 IPC requires direct involvement in rash or negligent act
