AIROnline 2025 SC 138

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): Abhay S. Oka, Ujjal Bhuyan , JJ

(A) Criminal P.C. (2 of 1974) , S.227— Penal Code (45 of 1860) , S.304A, S.304 Part II— Discharge - Prima facie case - During interior decoration work of shop, while working on sign board, two persons were struck by electricity as result of which they got electrocuted and fell down resulting in multiple injuries leading to their death - It was alleged that accused had failed to provide any safety equipment to deceased - There was no intention or knowledge on part of accused persons to cause death or cause such bodily injury as was likely to cause death - Death was accidental - No prima facie case made out for committing offence either under S.304A IPC, or under S.304 Part II IPC - In any case, committing Magistrate had committed case confining allegations to S.304 Part II IPC - Accused persons were discharged. Criminal Revision Application No. 269 of 2017, Dt/- 02.11.2017 (Bom)-ReversedAIROnline 1996 SC 261-Distinguished (Para 14 17.3) (B) Criminal P.C. (2 of 1974) , S.227— Discharge of accused - Scope of - Explained. Section 227 CrPC deals with discharge. What Section 227 CrPC contemplates is that if upon consideration of the record of the case and the documents submitted....