No criminal case can be registered against a dead

• Sections 279 and 304-A RPC  Rash and negligent driving Death by negligence Registration of FIR against the deceased Challan dismissed on the ground that same could not proceed against the deceased person rather than holding registration of the FIR without jurisdiction and beyond the powers of the police  Hence, this petition  No criminal case can be registered against a dead nor any investigation can be embarked upon by registering and FIR Registration of FIR against the deceased, embarking upon the investigation and then presenting a police challan against the dead before the Judicial Magistrate is nothing but a sheer wastage of public time FIR quashed. [Paras 4 to 7]

Nirja vs State Of JK OWP 667/16 07/02/22 [ SANJEEV JJ ]

[ JAMMU AND KASHMIR HIGH COURT ]