Page No.# 1/17 vs The State Of Assam Anr on 7 April, 2026

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    Gauhati High Court

    Page No.# 1/17 vs The State Of Assam Anr on 7 April, 2026

                                                                             Page No.# 1/17
    
    GAHC010219732023
    
    
    
    
                                                                       2026:GAU-AS:5191
    
                                  THE GAUHATI HIGH COURT
       (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
    
                                   Case No. : Crl.Pet./1064/2023
    
                PRATYUSH PRATIM DEBNATH AND ANR
                S/O DIGANTA KR. NATH
                VILL- MILANPUR, WARD NO. 26, P.O. AND P.S. NAGAON, IN THE DISTRICT
                OF NAGAON, ASSAM
                PIN-782001
    
                2: PRAN KRISHNA MAHANTA
                 S/O LT. RAGHUDEV MAHANTA
                VILL- SUKDAL
                 BORBARI
                 P.S. MIKIR BHATA
                 DIST. MORIGAON
                ASSAM
    
                PIN78200
    
                VERSUS
    
                THE STATE OF ASSAM ANR
                REP. BY THE LD. PP TO THE GOVT. OF ASSAM
    
                2:ANWARUL HOQUE MAZUMDER
                 S/O LT. ABBAS ALI MAZUMDER
                R/O VILL- ALAKULIPUR
                 UNDER P.O. BADARPURGHAT
                AND P.S. BADARPUR
                 IN THE DISTRICT OF KARIMGANJ
                ASSA
    
    Advocate for the Petitioner   : MS M N KONYAK, MR G CHOUDHURY
    
    Advocate for the Respondent : PP, ASSAM, MR H R CHOUDHURY (r-2),S. TALUKDAR (r-2),A S

    PRODHANI (r-2)
    Page No.# 2/17

    BEFORE
    HON’BLE MRS. JUSTICE MITALI THAKURIA

    SPONSORED

    Advocates for the Petitioners : Mr. G. Choudhury.

    
    
         Advocates for the Respondent
         No. 1                             : Mr. P. Borthakur,
                                                 Addl. PP, Assam
         Advocates for the Respondent
         No. 2                             :Mr. H. R. Choudhury,
    
    
    
         Date on which judgment is reserved          : 11-03-2026
    
         Date of pronouncement of judgment           : 07-04-2026
    
    
         Whether the Pronouncement is of the
         operative part of the judgment?             :_N/A______
         Whether the full judgment has been
         pronounced?                                 : ___Yes_____
    
    
    
    
                          JUDGMENT & ORDER (CAV)
    
    
    
    

    Heard Mr. G. Choudhury, learned counsel for the petitioners and Mr. P.
    Borthakur, learned Addl. PP, Assam for the respondent No. 1. Also heard Mr. H.
    R. Choudhury, learned counsel for the respondent No.2/informant.

    Page No.# 3/17

    2. This is an application filed under Section 482 CrPC for quashing of the FIR
    dated 07.05.2019, which was registered as Badarpur P.S. Case No. 121/2019
    registered under Section 304(A) of IPC corresponding to G.R. Case No.
    1044/2019 along with the Charge Sheet No. 177/2022 filed therein.

    3. Mr. Choudhury, learned counsel for the petitioners submitted that a
    complaint was lodged by one Anwarul Hoque Mazumder, respondent No.2
    before the Officer-in-Charge of Badarpur Police Station with the allegation that
    while his son, namely, Ansarul Hoque Mazumder was proceeding from his house
    at Alakulipur towards his firm at Debendranagar through PWD road and when
    he reached near his firm, one of the overhead high voltage electric wire, which
    was already hanging dangerously low level, suddenly came down further and
    touched the head of his son, as a result of which, his son died on the spot and
    after the said accident he was rushed to Railway Hospital, Badarpur, where
    Doctor declared him dead. Autopsy over his dead body was also conducted at
    the Civil Hospital on the same day of the accident.

    4. It is further alleged by the complainant that there was a long pending
    panic in the local people about the said dangerously hanging electric wire and
    one of them made written complaint to the authority of APDCL, Badarpur Sub
    Division in that regard, but authority concerned did not pay any attention to his
    complaint.

    5. After receipt of the said FIR, a case has been registered as Badarpur P.S.
    Case No. 121/2019 under Section 304(A) of IPC. After investigation, police
    accordingly filed the charge sheet on the basis of the said complaint against
    both the petitioners, who are serving as SDE and Junior Manager, respectively
    Page No.# 4/17

    under the APDCL, Badarpur.

    6. It is submitted by Mr. Choudhury that the allegation which has been made
    in the said complaint does not make out a case against the petitioners. Even
    though it is stated that there was long pending panic situation in the local
    people about the said dangerously hanging electrical wire is not true and there
    was no such written complaint received by the authority concerned. He further
    submitted that no offence is made out under Section 304(A) IPC and the victim
    died only due to his own negligence and it is not for the negligent act of the
    petitioners. The petitioners have been implicated in the instant case by the
    informant only to harass, humiliate and spite them in the eyes of the eyes of the
    society and police also submitted the charge sheet against the petitioners
    without any proper investigation.

    7. However, after getting the information about the said incident, the
    petitioners along with other staff had rushed to the place of occurrence and it
    was observed that due to heavy thunder and hailstorm on the preceding night
    some of the electricity posts had bent and due to which only there occurred a
    slack of electricity over head lines and the victim knowing fully well, about the
    slackness, which was visible even through the naked eye went underneath the
    wires and tried to lift the cable and he got pulled to the electricity cable and got
    electrocuted. But the learned Trial Court without considering this aspect of the
    case, had misread the provision of law and accordingly, took cognizance against
    the present petitioners which ought to have been dismissed under Section 203
    CrPC, rather than issuing process against the petitioners.

    8. He further submitted that prima facie it reveals that there is no case
    Page No.# 5/17

    established against the petitioners to take cognizance or to file charge sheet
    against them and if the case is allowed to be proceeded, it will be nothing but
    the abuse of process of the Court. Mr. Choudhury, learned counsel accordingly
    submitted that it is a fit case wherein the entire criminal proceeding including
    the FIR and the Charge Sheet can be quashed and set aside by invoking the
    power under Section 482 CrPC.

    9. During the course of argument, Mr. Choudhury, learned counsel raised the
    point that under Section 151 of the Electricity Act, 2003 no Court can take
    cognizance of an offence punishable under this Act except upon a complaint in
    writing made by the appropriate Government or appropriate commission or any
    of their officer authorized by them or a chief Electrical Inspector or an Electrical
    Inspector or licensee or the generating company etc. However, Special Court
    constituted under Section 153 shall be the competent Court to take cognizance
    of an offence without the accused being committed to it for trial.

    10. Mr. Choudhury, learned counsel also referring to Section 161 of the said
    Act of 2003 submitted that the authorized person can only make enquiry and
    only after conclusion of the enquiry the matter may be referred to the Court.
    Thus, he submitted that directly the Court has no power or authority to take
    cognizance of an offence under the Electricity Act and the Special Court as
    constituted under Section 153 of the said Act are authorized to deal with cases
    under Sections 135, 136, 137, 138, 139, 140 and 142 of the said Act.

    11. It is submitted by Mr. Choudhury, that merely because both the petitioners
    are holding the post of SDE and Junior Manager in the electricity department,
    they cannot be make liable for the death of the deceased. The learned Trial
    Page No.# 6/17

    Court should apply its judicial mind while taking cognizance against any person
    as summoning of an accused in a criminal case is considered to be very serious
    matter and the criminal law cannot be set into motion as a matter of course. In
    support of his submission, he relied on a decision of the Hon’ble Apex Court in
    the case of Narendra Kumar A. Baldota Vs. State of Karnataka reported
    in 2022 SCC OnLine SC 1880, wherein the judgment passed in the Pepsi
    Food (supra) case has been reiterated. He basically emphasized on para 26
    and 27 of the said judgment, which read as under:

    “26. In Ravindranatha Bajpe v. Mangalore Special Economic Zone Limited and Others1,
    this Court held:-

    “……All of them are arrayed as an accused as Chairman, Managing Director, Deputy
    General Manager (Civil & Env.), Planner & Executor, Chairman and Executive Director
    respectively. Therefore, as such, in absence of any specific allegations and the specific
    role attributed to them, the learned Magistrate was not justified in issuing process
    against accused nos. 1 to 8 for the offences punishable under Sections 427, 447, 506
    and 120B read with Section 34 IPC.

    26. As observed by this Court in the case of Pepsi Foods Ltd. v. Special Judicial
    Magistrate
    , (1998) 5 SCC 749 and even thereafter in catena of decisions, summoning
    of an accused in a criminal case is a serious matter. Criminal Law cannot be set into
    motion as a matter of course.
    In paragraph 1 2021 SCC Online SC 806 28 in Pepsi
    Foods Limited
    (supra), it is observed and held as under:

    “28. Summoning of an accused in a criminal case is a serious matter. Criminal law
    cannot be set into motion as a matter of course. It is not that the complainant has to
    bring only two witnesses to support his allegations in the complaint to have the
    criminal law set into motion. The order of the Magistrate summoning the accused must
    reflect that he has applied his mind to the facts of the case and the law applicable
    thereto. He has to examine the nature of allegations made in the complaint and the
    evidence both oral and documentary in support thereof and would that be sufficient for
    the complainant to succeed in bringing charge home to the accused. It is not that the
    Magistrate is a silent spectator at the time of recording of preliminary evidence before
    summoning of the accused. The Magistrate has to carefully scrutinise the evidence
    brought on record and may even himself put questions to the complainant and his
    witnesses to elicit answers to find out the truthfulness of the allegations or otherwise
    and then examine if any offence is prima facie committed by all or any of the accused.”

    27. As held by this Court in the case of India Infoline Limited (supra), in the order
    issuing summons, the learned Magistrate has to record his satisfaction about a prima
    Page No.# 7/17

    facie case against the accused who are Managing Director, the Company Secretary and
    the Directors of the Company and the role played by them in their respective capacities
    which is sine qua non for initiating criminal proceedings against them. Looking to the
    averments and the allegations in the complaint, there are no specific allegations and/or
    averments with respect to role played by them in their capacity as Chairman, Managing
    Director, Executive Director, Deputy General Manager and Planner & Executor. Merely
    because they are Chairman, Managing Director/Executive Director and/or Deputy
    General Manager and/or Planner/Supervisor of A1 & A6, without any specific role
    attributed and the role played by them in their capacity, they cannot be arrayed as an
    accused, more particularly they cannot be held vicariously liable for the offences
    committed by A1 & A6.”

    12. Mr. Choudhury, learned counsel further submitted that the petitioners
    being the public servants under Section 21 of the BNSS, the sanction is required
    to before taking cognizance against the present petitioners. In that regard also
    he relied on a decision of the Hon’ble Supreme Court in the cases of (i)
    Manorama Tiwari and other Vs. Surendra Nath Rai reported in (2016) 1
    SCC 594 and (ii) D. T. Virupakshappa Vs. C. Subhash
    reported in (2015)
    12 SCC 231.

    13. In the case of D. T. Virupakshappa (supra) in para 7 of the said
    judgment
    it has been held as under:

    “7.The issue of ‘police excess’ during investigation and requirement of sanction for
    prosecution in that regard, was also the subject matter of State of Orissa Through
    Kumar Raghvendra Singh and others v. Ganesh Chandra Jew
    [2], wherein, at
    paragraph-7, it has been held as follows:

    “7. The protection given under Section 197 is to protect responsible public servants
    against the institution of possibly vexatious criminal proceedings for offences alleged to
    have been committed by them while they are acting or purporting to act as public
    servants. The policy of the legislature is to afford adequate protection to public
    servants to ensure that they are not prosecuted for anything done by them in the
    discharge of their official duties without reasonable cause, and if sanction is granted, to
    confer on the Government, if they choose to exercise it, complete control of the
    prosecution. This protection has certain limits and is available only when the alleged
    act done by the public servant is reasonably connected with the discharge of his official
    duty and is not merely a cloak for doing the objectionable act. If in doing his official
    Page No.# 8/17

    duty, he acted in excess of his duty, but there is a reasonable connection between the
    act and the performance of the official duty, the excess will not be a sufficient ground
    to deprive the public servant of the protection. The question is not as to the nature of
    the offence such as whether the alleged offence contained an element necessarily
    dependent upon the offender being a public servant, but whether it was committed by
    a public [pic]servant acting or purporting to act as such in the discharge of his official
    capacity. Before Section 197 can be invoked, it must be shown that the official
    concerned was accused of an offence alleged to have been committed by him while
    acting or purporting to act in the discharge of his official duties. It is not the duty
    which requires examination so much as the act, because the official act can be
    performed both in the discharge of the official duty as well as in dereliction of it. The
    act must fall within the scope and range of the official duties of the public servant
    concerned. It is the quality of the act which is important and the protection of this
    section is available if the act falls within the scope and range of his official duty. …”

    14. Citing the above referred judgment, Mr. Choudhury, learned counsel also
    submitted that so far the public servant is concerned, cognizance of any offence
    by any Court is barred by Section 21 BNSS, earlier Section 197 CrPC, unless
    sanction is obtained from the appropriate authority, if the offence alleged to
    have been committed towards in discharge of his official duty.

    15. But here in the instant case, it is seen that though the petitioners are
    considered to be the public servant, the prosecution did not obtain any sanction
    from the appropriate authority before filing of the charge sheet and the Court
    also took cognizance of the offence of the offences without any prosecution
    sanction. In that context also, the criminal proceeding against the present
    petitioners are liable to be set aside and quashed for want of prosecution
    sanction.

    16. Mr. Choudhury, learned counsel further submitted that mere carelessness
    is not sufficient to prosecute for offence under Section 304(A) IPC and in that
    context also he relied on a decision of Hon’ble Karnatak High Court in the case
    of Daljith Singh Ghai and another Vs. Sate by Station House Officer,
    Page No.
    # 9/17

    Wadi Police Station reported in 2004 2 Crimes(HC) 34 wherein in para 6 of
    the said judgment it has been held that to establish a case under Section 304
    (A)
    IPC there must be rash and negligent act on the part of the petitioner which
    led to the death of the deceased. The negligence or the omission is the
    determining factor to call the act as a criminal and in addition to that there must
    mens rea in criminal negligence. Mere carelessness is not sufficient to prosecute
    for the offence under Section 304 (A) IPC.

    17. Citing the above referred judgment it is also submitted by Mr. Choudhury
    that prime facie from the materials on record as well as the statement made in
    the FIR itself it is seen that there is no mens rea or there is no such negligent
    act committed by the present petitioners to make them responsible for the
    death of the deceased or to take cognizance against them under Section 304
    (A)
    IPC.

    18. Mr. Choudhury, learned counsel accordingly submitted that it is a fit case
    for setting aside and quashing the entire criminal proceeding pending against
    the present petitioners and also the charge sheet and the FIR lodged against
    them by invoking the power under Section 482 CrPC.

    19. Mr. H. R. Choudhury, learned counsel for the respondent No.2/informant
    submitted that the death was caused purely for the negligence of the
    petitioners, who were holding the post of SDE and Junior Manager respectively
    in the concerned department. He submitted that prior to the incident the local
    people had made representation before the petitioner No.1 intimating about the
    over head electrical wire which was hanging dangerously in low level.

    Page No.# 10/17

    20. He further submitted that two representations were made by the local
    people intimating the dangerous situation in the locality and those
    representations are still available in the office record, but inspite of such
    representations made by the local people, these two petitioners, who are
    holding the post of SDE and Junior Manager did not take any initiative or never
    visited to the place of incident. Thus, only for the negligence of the petitioners
    that unfortunate incident had happened where the informant lost his son, who
    died instantly on the spot due to electrocution.

    21. Mr. H. R. Choudhury, learned counsel further submitted that the petitioners
    were aware about the dangerous situation in that locality but they had not took
    any initiative for the repairing of the high voltage line which was dangerously
    low lying. He further submitted that 197 CrPC is applicable only when the
    incident occurred while discharging the official duty. But here in the instant
    case, these two petitioners did not even discharge their official duty to take the
    benefit of Section 197 CrPC, rather, the neglected to do their official duty and
    thus, this is not at all a case wherein the cognizance is barred for want of
    prosecution sanction. All ingredients are present to take cognizance against
    these two petitioners under Section 304 (A) IPC, and the learned Trial Court had
    rightly took cognizance against the petitioners and summons were accordingly
    issued.

    22. Mr. H. R. Choudhury during his argument also produced one photocopy of
    one representation which was submitted before the petitioner No.1, though it is
    seen that there is no representation available in the case record, but it seems
    that the representation was duly received by the Executive Engineer, APDCL and
    those representations were admittedly made before the unfortunate incident.

    Page No.# 11/17

    23. Mr. Borthakur, learned APP submitted that sanction can be obtained at any
    point of time, even at the time of recording of evidence, but without recording
    of any evidence it is not possible to held that whether this act of negligence was
    there while discharging their official duty. It is the Trial Court who can decide
    the matter and accordingly the prosecution may also be obtained at the time of
    trial.

    24. It is a fact that there is no such representation is available in the case
    record, however, from the statement made in the FIR itself it is seen that one
    representation was made earlier to the incident by the local people apprising the
    dangerous situation before the authority concerned.

    25. He further submitted that these are all questions of fact and only can be
    determined at the time of trial or after recording of evidence, but prima facie
    there is a case against the petitioners under Section 304(A) IPC and the learned
    Trial Court rightly took cognizance against the petitioners. He further submitted
    that the post mortem report also supports the prosecution case and it is an
    admitted fact one person died only for electrocution.

    26. Heard the submission made by the learned counsel for the parties and I
    have also perused the scanned copy of the TCR and the annexures filed along
    with the petition.

    27. There is no dispute that one person died only for electrocution as the over
    head high voltage line was came down and touched the head of the deceased
    which was lying low dangerously. Post mortem also supports that the death
    caused due to electrocution.

    Page No.# 12/17

    28. The learned counsel for petitioner basically raised the issue that the Court
    is barred from taking cognizance in cases under the Electricity Act and it is the
    Special Court constituted under Section 153 has the authority to conduct cases
    under Sections 135, 136, 137, 138, 139, 140 and 142 of the Electricity Act.
    Accordingly, he emphasized on 151 of the said Act which speaks about the bar
    of the Court in taking cognizance of such kind of matter. But the instant case
    does not fall under such category of allegation to bar the Court from taking
    cognizance.

    29. It is also an admitted fact that the investigation was done and the charge
    sheet was accordingly submitted on the basis of the complaint made by the
    respondent No.2 who lost his son for the said unfortunate incident and the
    Court took cognizance of the offence considering the materials available in the
    case record and finding a prima facie case against both the petitioners.

    30. It is submitted by Mr. Choudhury, learned counsel for the petitioner that
    there was no prosecution sanction obtained by the investigating authority at the
    time of filing the charge sheet, not the Court made any enquiry in regards to
    the prosecution sanction though I it is admitted fact that both the petitioners
    are public servant. But Section 197 CrPC reads as under:–

    197. Prosecution of Judges and public servants.

    (1)When any person who is or was a Judge or Magistrate or a public servant not
    removable from his officer save by or with the sanction of the Government, is accused
    of any offence alleged to have been committed by him while acting or purporting to act
    in the discharge of his official duty, no Court shall take cognizance of such offence
    except with the previous sanction-

    (a)in the case of a person who is employed or, as the case may be, was at the time of
    commission of the alleged offence employed, in connection with the affairs of the
    Union, of the Central Government;

    Page No.# 13/17

    (b)in the case of a person who is employed or, as the case may be, was at the time of
    commission of the alleged offence employed, in connection with the affairs of a State
    of the State Government :

    [Provided that where the alleged offence was committed by a person referred to in
    clause (b) during the period while a Proclamation issued under clause (1) of Article 356
    of the Constitution was in force in a State, clause (b) will apply as if for the expression
    “State Government” occurring therein, the expression “Central Government” were
    substituted.] [Added by Act 43 of 1991, Section 2 (w.e.f. 2-5-1991).]

    [Explanation. – For the removal of doubts it is hereby declared that no sanction shall be
    required in case of a public servant accused of any offence alleged to have been
    committed under section 166A, section 166B, section 354, section 354A, section 354B,
    section 354C, section 354D, section 370, section 375, section 376, [section 376A,
    section 376AB, section 376C, section 376D, section 376DA, section 376DB,] or section
    509
    of the Indian Penal Code.

    (2)No Court shall take cognizance of any offence alleged to have been committed by
    any member of the Armed Forces of the Union while acting or purporting to act in the
    discharge of his official duty, except with the previous sanction of the Central
    Government.

    (3)The State Government may, by notification, direct that the provisions of sub-section
    (2) shall apply to such class or category of the members(of the Forces charged with
    the maintenance of public order as may be specified therein, wherever they may be
    serving, and thereupon the provisions of that sub-section will apply as if for the
    expression “Central Government” occurring therein the expression “State Government”

    were substituted.

    [(3-A) Notwithstanding anything contained in sub-section (3), no court shall take
    cognizance of any offence, alleged to have been committed by any member of the
    Forces charged with the maintenance of public order in a State while acting or
    purporting to act in the discharge of his official duty during the period while a
    Proclamation issued under clause (1) of Article 356 of the Constitution was in force
    therein, except with the previous sanction of the Central Government.

    (3-B) Notwithstanding anything to the contrary contained in this Code or any other law,
    it is hereby declared that any sanction accorded by the State Government or any
    cognizance taken by a Court upon such sanction, during the period commencing on the
    20th day of August, 1991 and ending with the date immediately preceding the date on
    which the Code of Criminal Procedure (Amendment) Act, 1991, receives the assent of
    the President, with respect to an offence alleged to have been committed during the
    Page No.# 14/17

    period while a Proclamation issued under clause (1) of Article 356 of the Constitution
    was in force in the State, shall be invalid and it shall be competent for the Central
    Government in such matter to accord sanction and for the court to take cognizance
    thereon.]

    (4)The Central Government or the State Government, as the case may be, may
    determine the person by whom, the manner in which, and the offence or offences for
    which, the prosecution of such Judge, Magistrate or public servant is to be conducted,
    and may specify the Court before which the trial is to be held.

    31. Thus, the Court is barred to take cognizance of an offence against any
    public servant without prosecution sanction, but in that case also the purporting
    Act has to be done in discharging of his official duty. But herein in the instant
    case, it is seen that these two petitioners who are holding responsible post of
    the concerned department did not discharge their official duty, rather, they are
    found negligent in their official duty. Thus, it cannot be said that the incident
    had happened or the offence was committed by the accused petitioners while
    discharging their official duty to get the benefit of Section 197 CrPC.

    32. As per the submission made by the learned APP, Assam no representation
    is available in the scanned copy of the TCR, which is stated to be submitted
    before the petitioners/concerned department intimating regarding the
    dangerously low lying high voltage line in that locality. But during the argument,
    Mr. Choudhury, learned counsel for the respondent No.2 produced one
    photocopy of the document which was submitted before the authority
    concerned as a reminder of the letter dated 29.11.2018 for shifting of PSC Pole
    intimating the wire which was running over the land of one of the local person.
    More so, from the FIR itself it is seen that prior to the lodging of the FIR the
    local people had made a representation and it is stated in the FIR as under:

    “It is further to be mentioned here that there was a long pending panic in the local
    people about the said dangerously hanging electric wire and one of them made written
    Page No.# 15/17

    complaint to the authority of the APDCL, Badarpur Sub-Division, in that regard, but the
    authority concerned did not pay any heed to his complaint.”

    33. Thus, it cannot be out rightly rejected the plea of the respondent No. 2
    that the authority concerned were intimated regarding the dangerous situation
    wherein the local people was panic and it was a long pending panic situation
    faced by the local people. But instead of such representation, these two
    petitioners who are holding the post of SDE and Junior Manager of the said
    department did to take any initiative for improvement of the situation or for any
    other necessary steps.

    34. Thus, prime facie it is seen that there is negligence on the part of these
    two petitioners and at the same time, it is also a fact that the said incident not
    had happened at the time of discharging their official duty, nor any offence has
    been committed by the accused petitioners while discharging their official duty
    to protect them under Section 197 CrPC, rather it is seen that the incident had
    happened purely on the negligent act of the accused petitioners for which a
    person lost his life. However, during trial and after recording of the evidence the
    Court may find the fact as to whether there was negligence on the part of the
    petitioners as these are matter of facts, which may reveal at the time of
    recording of statements. But prima facie materials establish a case against the
    present petitioners under Section 304(A) IPC.

    35. The Hon’ble Supreme Court in the case of State of Haryana & Ors. Vs.
    Bhajan Lal & Ors.
    , reported in 1992 Supp (1) SCC 335, has held as under:

    “102. In the backdrop of the interpretation of the various relevant provisions of the Code
    under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions
    relating to the exercise of the extraordinary power under Article 226 or the inherent powers
    under Section 482 of the Code which we have extracted and reproduced above, we give the
    Page No.# 16/17

    following categories of cases by way of illustration wherein such power could be exercised
    either to prevent abuse of the process of any court or otherwise to secure the ends of justice,
    though it may not be possible to lay down any precise, clearly defined and sufficiently
    channelized and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad
    kinds of cases wherein such power should be exercised.

    (1) Where the allegations made in the first information report or the complaint, even if
    they are taken at their face value and accepted in their entirety do not prima facie
    constitute any offence or make out a case against the accused.

    (2) Where the allegations in the first information report and other materials, if any,
    accompanying the FIR do not disclose a cognizable offence, justifying an investigation
    by police officers under Section 156(1) of the Code except under an order of a
    magistrate within the purview of Section 155(2) of the Code.

    (3) Where the uncontroverted allegations made in the FIR or complaint and the
    evidence collected in support of the same do not disclose the commission of any
    offence and make out a case against the accused.

    (4) Where, the allegations in the FIR do not constitute a cognizable offence but
    constitute only a non-cognizable offence, no investigation is permitted by a police
    officer without an order of a Magistrate as contemplated under Section 155(2) of the
    Code.

    (5) Where the allegations made in the FIR or complaint are so absurd and inherently
    improbable on the basis of which no prudent person can ever reach a just conclusion
    that there is sufficient ground for proceeding against the accused.

    (6) Where there is an express legal bar engrafted in any of the provisions of the Code
    or the concerned Act (under which a criminal proceeding is instituted) to the institution
    and continuance of the proceedings and/or where there is a specific provision in the
    Code or the concerned Act, providing efficacious redress for the grievance of the
    aggrieved party.

    (7) Where a criminal proceeding is manifestly attended with mala fide and/or where
    the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance
    on the accused and with a view to spite him due to private and personal grudge.”

    36. But in the instant case, prima facie it is seen that there are materials to
    establish a case against the present petitioners under Section 304(A) IPC and
    Page No.# 17/17

    considering this aspect of the case, this Court is of the opinion that it is not at
    all a fit case to set aside and quash the entire criminal proceeding including the
    FIR dated 07.05.2019, which was registered as Badarpur P.S. Case No.
    121/2019 under Section 304(A) of IPC corresponding to G.R. Case No.
    1044/2019 along with the Charge Sheet No. 177/2022 against the present
    petitioners by invoking the extraordinary power conferred under Section 482
    CrPC.

    37. Accordingly, this criminal petition being devoid of any merit stands
    dismissed.

    
    
    
    
                                                                         JUDGE
    
    
    
    
    Comparing Assistant
    
    
    
    
            Rupam                        Digitally signed by
                                         Rupam Das
    
            Das                          Date: 2026.04.07
                                         17:01:30 +05'30'
     



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