Criminal Procedure Code, 1973
Section 482—Quashing of opinion formed as per final report in pursuant to the further investigation in crime by the High Court—Appeal—FIR registered by complainant against appellant’s son invoking Sections 279 and 304A of the IPC—Petition seeking quashing of final report filed after a period of two years of its submission—Final report stated to be contrary to the earlier report—Opinions expressed by High Court which are in the nature of findings while considering the correctness or otherwise of final report submitted on a further investigation of the case and thereby quashing the same is not a correct and proper approach adopted by the High Court—Impugned order of High Court is liable to be set aside on this short ground alone—Appeal allowed.
[Para 8]
Motor Vehicles Act, 1988
Section 166—Claim petition—Negligence—Burden of proof—Effect of final report on claim petitions—Standard of proof beyond reasonable doubt cannot be applied while considering petition seeking compensation on account of death or injury in a road accident—Opinion in final report would not have a bearing on claim petitions—It is for claimant to establish negligence on the part of the driver of the tanker lorry in the petition filed by him seeking compensation on account of death of his son in the said accident.
[Paras 9 & 10]