How to quash the case
D P TANTI
(Querist) 05 June 2012
This query is : Resolved
Dear Sir
I have been leveled a case under IPC 304A .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) 05 June 2012
if the trial court is a subordinate to the high court of Maharastra, the judgment of jarkhand H C Is not mandatory to the Trial Court to follow. In that situation the court may ask for a citation from its own high court or from the Supreme Court and it is mandatory to follow the judgment of its own high court or the Supreme Court.
ajay sethi
(Expert) 05 June 2012
judgement of another high court ie jaharkhand will be considered by court but it has only persuasive value . it is not binding on the trial court
MohammedRaffiq Bijapur
(Expert) 05 June 2012
Such judgments are not precedents The courts may or may not follow those citations. The court may have contrary opinion. So it is not safe to rely on those judgments.
Guest
(Expert) 06 June 2012
The trial court in the state of MP is bound to follow the decisions of the Supreme Court and the MP High Court. The precedents of another High Court have only a persuasive value. It may or may not follow the same.
That being said, if there is no decision of the SC or another HC contrary to the decision of Jharkhand HC, the trial court in MP shall as a matter of judicial propriety follow the decision of the Jharkhand HC.
