IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.02.2010 CORAM: THE HON'BLE MR.JUSTICE C.T.SELVAM Crl.O.P.No.5950 of 2007 & M.P. No. 1 of 2007 1. A.K. Janna 2. Harikesh Prasad 3. Pramod Kumar .. Petitioners. Versus State rep. by The Inspector of Police S-3, Meenambakkam Police Station, Chennai 600 027. .. Respondent. Prayer: Petition filed under Section 482 Cr.P.C seeking for a direction to call for the records in C.C. No. 2010 of 2006 on the file of the Judicial Magistrate, Alandur and Quash the same. For Petitioners : Mr.A. Raghunathan Learned Senior Counsel For Respondent : Mr.N. Kumanan Government Advocate (Crl.Side) ***** O R D E R
The petitioners, who are the accused of an offence punishable under Section 304 (A) IPC in a case pending in C.C. No. 2010 of 2006 on the file of the Judicial Magistrate, Alandur seek to quash the proceedings as against them.
2. The petitioners are the employees of Simplex & Co., Builders and Engineering Contractors. The first petitioner, being a Supervisor and the petitioners 2 and 3 as workers are said to have been extracting work from one Devendra Kumar, who died on 20.09.2006. The complaint in the case reveals that the deceased Devendra Kumar was engaged in scaffolding work related to construction of the flyover near Chennai Airport on 11.09.2006. At about 3 p.m., he slipped and fell down a distance of 20 ft. He suffered a fracture of the right hand and was admitted in the hospital on 11.09.2006. Thereafter, he was operated upon on 12.09.2006. He was recovering well. Suddenly, he fell ill on 18.09.2006 and despite treatment died at 7.45 p.m. on 20.09.2006. A charge sheet has been filed to the effect that the accused, without providing the deceased with any safety equipment had conducted themselves negligently, as a result of which, the deceased had lost his life. Hence, the accused were charged of an offence punishable under Section 304 (A) IPC. Even if it be accepted that the petitioners had acted negligently, they could at least, be said to have contributed to the fracture suffered by the deceased. By no stretch of imagination can the death of the deceased be attributed to the negligence of these petitioners, in the facts and circumstances of the case.
3. Clearly in taking cognizance, the lower Court has failed to apply its mind. Therefore, the petition is allowed and the proceedings in C.C. No. 2010 of 2006 on the file of the Judicial Magistrate, Alandur are hereby quashed in so far the petitioners are concerned. Consequently, connected miscellaneous petition is closed.
Index:Yes/No 24.02.2010
Internet:Yes/No
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To
1. Judicial Magistrate,
Alandur
C.T.SELVAM.J.,
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Crl.O.P.No.5950 of 2007
24.02.2010