• Ipc 304 (2)/34

Dear Sir, i have booked under IPC 304 (2)/34, against my company accident case on 2017. the case is still running. No opposition has failed the case, only police department inquired. the technical committee has given report as due techno mechanical failure the incident happen. can you advice.
Asked 1 year ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

16 Answers

wait for police investigations to be completed and charge sheet filed 

 

2) then you can apply for discharge before trial court 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

you can file with police copy of report of technical committee that accident occured due to mechanical failure 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

Hello, 

Please share the copy of the FIR that has been lodged and the report of the technical committee for a concrete advise

 

regards 

Anilesh Tewari
Advocate, New Delhi
17847 Answers
312 Consultations

5.0 on 5.0

If it is clear that there is no mens rea on your part then you may go ahead and file a petition for quashing of the FIR in the High Court directly. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17847 Answers
312 Consultations

5.0 on 5.0

See based on findings in charge sheet by police and evidence you can defend the case. The police has power so yes it can file case but if there is no evidence or witness then you will be acquitted.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

No saviour action shall be taken if nothing is found the charges shall be dropped.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

You must plead the case be quashed

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1341 Answers
5 Consultations

4.4 on 5.0

This is my response to you:

1. You will have to discuss in more detail;

2. Is the charge sheet filed?

3. If no action has taken against you, you have obtained bail then you need not worry for now;

4. Ask the sessions court to dispose of the matter at the earliest;

5. Consult a criminal lawyer and take informed legal opinion.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

File a quashing petition in Bombay High Court. You can be freed. The High Court will quash your case. Meet me in R. No. 36 High Court Bombay if you want to move further. Or contact me on mail [deleted]

Sanket Deshpande
Advocate, Greater Mumbai
7 Answers
1 Consultation

Not rated

section 304-II IPC: 

Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death;

Or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.

 

You have mentioned that you have registered a complaint under the above section against your company, have you named anyone in particular in your complaint as to responsible for this?

If not then the company may file a report as mentioned by you in your post in general and will remain silent about it.

How are you affected by this?

Why not try for compensation through labor laws?

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

If ther is no claim by any affected persons then where is the question of the case?

In the criminal case who has been held liable for the accident?

If any company staff has been charge sheeted due to this mishap, he may take the support and shelter under the report submitted by the company to defend his interests.

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

File for quashing of FIR in High Court under section 482 CrPC once the charge sheet has been filed by the police.

Siddharth Jain
Advocate, New Delhi
5612 Answers
65 Consultations

5.0 on 5.0

You can also file a discharge application in trial court on the basis of the findings of the technical committee report.

Siddharth Jain
Advocate, New Delhi
5612 Answers
65 Consultations

5.0 on 5.0

You need to contest the same in trial court or file quashing in high court

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

you can file a discharge petition under section 227 CrPC though it totally depends upon the discretion of the court.

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

Dear client 

The only saviour action here can be the member of committee who did the inspection give evidences in your favor.

The only statement he has to give in court is like the failure can be caused even after taking proper care of the machine. And it cannot be said that there was negligence on your part.  

The whole case can be turned in your favor. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer