Penal Code, 1860–Secs. 304A & 277–Charge framed for the offence– Order was quashed by the High Court–VIew of High Court that there was an inordinate delay of about one year and one month in lodging the FIR without any explanation and deceased was not intoxicated or there was no foul play–Reasons given by High Court are unsustainable–Issue of delay is to be examined by the Trial Court at an appropriate stage and this cannot be per se a ground to annul the prosecution at the threshold–Further, the elements of intoxication or foul play with the deceased have no bearing with the charges u/ss. 277 & 304A–Order passed by the High Court cannot be upheld.


