STATE OF HARYANA versus RAJESH AGGARWAL & ANR.

STATE OF HARYANA versus RAJESH AGGARWAL & ANR.

The High Court's reasoning and conclusion to alter the charge from Section 302 to Section 304A IPC at this stage cannot be faulted with; trial must proceed and conclude to determine if Section 304A IPC is made out and what punishment, if any, may be imposed.

Parties
Appellant: State of Haryana; Respondent: Rajesh Aggarwal; M/s Kee Pharma Private Limited
Jurisdiction
India
Judgment Date
20 August 2018
Procedural Posture
Criminal Appeal / Appeal From High Court Decision in Criminal Revision, Seeking Reversal of Charge Alteration
Outcome
Appeal dismissed
Legal Topics
Quashing of FIR, Alteration of Charges, Section 482 Cr.p.c., Section 304 a IPC, Section 302 IPC
Criminal Law Quashing of FIR Alteration of Charges Section 482 Cr.p.c. Section 304 a IPC Section 302 IPC

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Parties

State of Haryana

Appellant

Rajesh Aggarwal

Respondent

M/s Kee Pharma Private Limited

Procedural Posture

Criminal Appeal / Appeal From High Court Decision in Criminal Revision, Seeking Reversal of Charge Alteration

Legal Issues

  1. 1 Whether the High Court was justified in altering the charge from Section 302 IPC to Section 304A IPC at the stage of quashing FIR

Ratio Decidendi

The High Court's reasoning and conclusion to alter the charge from Section 302 to Section 304A IPC at this stage cannot be faulted with; trial must proceed and conclude to determine if Section 304A IPC is made out and what punishment, if any, may be imposed.

Court Disposition

Appeal dismissed

Orders

  • Trial to be completed on merits within one year from date of order by Sessions Judge.
  • Order granting interim stay is recalled.