State v. Ajay Aggarwal
Case brief
What is this about?
Petitioner State sought leave to appeal against acquittal in an alleged negligent machinery accident case. High Court rejected petition, finding no prima facie case for criminal negligence as prosecution failed to prove gross negligence.
What did the court decide?
Leave to appeal against the order of acquittal is dismissed.
What the court decided
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
- CRL.L.P. 102/2019
STATE .....Petitioner Through: Mr. Naresh Kumar Chahar, APP for the State with Mr. Hunny Yadav, Ms. Akchita Singh, Mr. Jaideep & Mr. Mahesh, Advs. Inspector Naveen Kumar, PS- Samaypur Badli
versus
AJAY AGGARWAL .....Respondent Through: Mr. Vipin, Adv. with respondent in person
CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN
O R D E R % 21.08.2024
- The present petition is filed under Section 378(3) of the Code of Criminal Procedure, 1973 (‘ CrPC ’) seeking leave to appeal against the judgment dated 08.10.2018, passed by the learned Metropolitan Magistrate (‘ MM ’) in FIR No. 44/2012, registered at Police Station Samaypur Badli (hereafter ‘ the impugned judgment ’).
- By impugned judgment, the learned MM acquitted the respondent of the offences under Sections 287/338 of the Indian Penal Code, 1860 ( IPC ).
Issues for consideration
2 issues framed by the court
Whether the State has been able to establish a prima facie case to justify setting aside the order of acquittal.
Whether the accident occurred due to gross negligence by the respondent attracting criminal liability under Section 287/338 IPC.
Parties & counsel
- appellant
State
- respondent
Ajay Aggarwal
Coram
Amit Mahajan
Case details
As recorded by the court registry
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