Madras High Court
Murugesan vs The State Rep. By on 24 July, 2014
Author: K.B.K.Vasuki
Bench: K.B.K.Vasuki
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.07.2014 CORAM: THE HON'BLE Ms. JUSTICE K.B.K.VASUKI Crl.O.P.No.16199 of 2014 and MP.No.1 of 2014 1.Murugesan 2.Kamaraj .. Petitioners Vs. The State rep. By Inspector of Police, Roshanai Police Station, Tindivanam Villupuram District. .. Respondent Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to quash the charges in CC.No.61 of 2014 for the alleged offence under Sections 304(A), 379 and 337 IPC as far as the petitioners are concerned. For Petitioners : Mr.N.G.R.Prasad for Mr.K.Balakrishnan For Respondent : Mr.C.Emalias, APP O R D E R
Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondents.
2.The petitioners herein are arrayed as A1 and A2 in CC.No.61 of 2014 pending on the file of the Judicial Magistrate No.I, Tindivanam. The present criminal original petition is filed to quash the said proceedings initiated against the petitioners herein.
3.Few facts, which led to filing of the complaint arising out of which is the present criminal proceedings against the petitioners, are as follows:
The first petitioner is the President of Pattanam Panchayat and the second petitioner is his son and working as conductor in the State Transport Corporation, Villupuram Division. During 2013, one of the projects was entrusted to the Village Panchayat, under Mahatma Gandhi Rural Employment Guarantee Scheme for dredging and cleaning the lake in Pattanam Village and about 150 persons from Pattanam Village were engaged for the work in question. While the work was going on at 9.30am on 25.3.2013 some of the workers sat near a pit for shade beneath in the lake area and unfortunately sand gave way and four women namely (i)Kumari W/o.Ramesh (ii)Ramani W/o.Mani, (iii)Amutha W/o.Elumalai and (iv)Ezhilarasi W/o.Gandhi died in the same. In this regard, one Gopi S/o.Murugesan lodged the complaint with the respondent police alleging that the first petitioner being the Panchayat President, has not taken any safety measures and there was also negligence on the part of the petitioners, while carrying out dredging work in Pattanam Village. On the basis of the same, FIR in Crime No.171/2013 was initially registered for the offences under sections 304(ii) and 379 IPC and later on altered into 304A, 379 and 337 IPC against the petitioners herein and one Panchayat clerk by name Baskaran. After investigation, charge sheet was filed against the accused for the offences under sections 304 Part II, 379 and 337 IPC.
4.The allegations raised against the petitioners are that mishap happened on 25.3.2013 and the persons, among whom are the deceased and injured including 20 ladies, were engaged in sand quarrying, without carrying on the work allotted to them as directed by the petitioners/accused for the personal gain of the petitioners. Though Section 161 Cr.P.C statement of the complainant and other witnesses do support the allegations raised so, the same is falsified by the order of the Government in G.O.(2D).No.32 Rural Development and Panchayat Department, dated 9.4.2013 in and under which, the victim families were awarded the compensation of Rs.1 lakh each from the Chief Minister's Relief Fund. The Government Order further says that the sand slide was occurred, when the victim concerned were involved in taking away the sand. It is categorically stated in the G.O. that sand slide happened was squarely an accidental one. As rightly argued by the learned counsel for the petitioners, the entire allegations as stated in the charge sheet against the petitioners stand falsified by the award of relief to the victim families by the Government on the ground that the same was an accidental one. Thus, there is no other material to K.B.K.VASUKI, J.
rk substantiate the allegations raised against the petitioners, as such, it is a fit case wherein, the criminal proceeding initiated against the petitioners is liable to be quashed.
5.In the result, the criminal original petition is allowed and the proceedings in CC.No.61 of 2014 pending on the file of the Judicial Magistrate No.I, Tindivanam stands quashed insofar as the petitioners/A1 and A2 are concerned. Consequently, connected Miscellaneous Petition is closed.
rk 24-07-2014 Index:Yes/No Internet:Yes/No To 1.The Judicial Magistrate No.I, Tindivanam. 2.The Inspector of Police, Roshanai Police Station, Tindivanam, Villupuram District. 3.The Public Prosecutor, High court, Madras,Crl.O.P.No.16199 of 2014