CHENNAI: The Madras High Court has quashed criminal proceedings before a magistrate court at Saidapet pending against Sunil Kumar Rai, captain of Pratibha Cauvery, allegedly for abetting the death of six crew members during the ‘Nilam’ storm in 2012.
The prosecution has not clearly established the proximity between his acts and the death of the crew members and the act was due to the omissions on his part. Hence, no useful purpose would be served in rendering a finding on the other aspects, Justice M S Ramesh said and quashed the proceedings.
The judge was allowing a criminal petition filed under Sec. 482 CrPC from Rai challenging the proceedings, on June 26 last.
Accepting the submissions of Sundar, the judge said in normal circumstances, he would not generally look into the documents that are not relied upon by the prosecution while framing the charges and would direct the persons to establish the same during trial. But, it cannot be said that there is a total bar for the High Court while exercising its powers under Sec. 482 CrPC, to look into certain incriminating and relevant documents to scrutinise the legality of the charges framed.
Unless the prosecution clearly established that there was a proximity between the acts of the captain and the death of the crew members and such an act was due to the omissions on his, no useful purpose would be served in rendering a finding on the other aspects, the judge said and quashed the proceedings.