How to proceed in this case
D P TANTI
(Querist) 17 September 2012
This query is : Resolved
Dear Sir
I have been leveled a charge under IPC 304A by local court.It is due to a mining accdent in a coal mine .My question is that since coal mines are governed by special Act (Mine's ACT-1952).and hence no charge should be framed under IPC . Honorable Jharkhand high court decision is also attached herewith of a similar case(mine accident) . The local court has leveled the charge under IPC 304A . Honorable judge has been provided the decision of Jharkhand high court but he advised that similar decision should be from honorable MP High court.There is decision of honorable MP high court of 1966 which says that at the same time trial under IPC and Mine' Act can be done . Please suggest should I file a writ petition under crpc 482 for quashing my case in MP High Court. Please advise
With Regards
D P Tanti
PARTHA P BORBORA
(Expert) 17 September 2012
the judgement of jarjhand HC is not binding in your HC and the judgement of 1966 is a binding law for your HC. So pl findout any Sup Court judgement. You may fie a quash petition but you will face the same problem untill nd unles a larger bench deliver a judgement and set aside the preceedent laid down by the judgement of 1966.
D P TANTI
(Querist) 20 September 2012
But Sir As per CRpc(1973) Section 4 it has been referred clearly that If there is any enactment present it will prevail over the general law(IPC) .The judgment of MP high court( of 1966) is of much before the Crpc was enacted in the parliament . There is no such judgment by the MP high court after Crpc was enacted .Hence I think it can be put up for quashing in High court
With Regards
D P Tanti
