Madras High Court
Baskaran vs The State Rep. By on 5 September, 2014
Author: K.B.K.Vasuki
Bench: K.B.K.Vasuki
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.09.2014 CORAM: THE HON'BLE Ms.JUSTICE K.B.K.VASUKI Crl.O.P.No.22123 of 2014 and MP.Nos.1 and 2 of 2014 Baskaran .. Petitioner 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 petitioner is concerned. For Petitioner : Mr.K.Balakrishnan For Respondent : Mr.C.Emalias, APP O R D E R
Heard both sides.
2.This Criminal Original Petition is filed by the petitioner/A3 to quash the proceedings in CC No.61 of 2014 pending on the file of the Judicial Magistrate No.I, Tindivanam.
3.The petitioner herein was, during the relevant point of time, working as Clerk in Pattanam Panchayat, having A1 as its President. 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 Panchayat President/A1 has not taken any safety measures and there was also negligence on the part of the accused, 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 petitioner herein and two other accused. After investigation, charge sheet was filed against the accused for the offences under sections 304 Part II, 379 and 337 IPC.
4.As far as the petitioner herein is concerned, he is only the clerk attached to Pattanam Panchayat. As rightly argued by the learned counsel for the petitioner, there is no allegation raised against the petitioner regarding the role played by him in the work of sand quarrying allegedly entrusted to 20 ladies, few among them are the deceased and injured. The main allegations raised against A1 President and A2, who is son of the first accused as if 20 ladies were involved in sand quarrying work, in the course of which, sand slide occurred and four persons died in the same. However, the occurrence is under G.O.(2D) No.32 Rural Development and Panchayat Department dated 9.4.2013, treated to be an accident and the families of the victims are awarded compensation of Rs.1 lakh each on the same ground that it was accident. A1 and A2 approached this Court by way of Crl.OP.No.16199/2014 for quashing the proceedings on the ground that the occurrence was accident one and it could not be considered as offence under Sections 304 Part II, 379 and 337 IPC. This Court, having accepted such contention, quashed the proceedings insofar as A1 and A2 are concerned. The same view is applicable to the petitioner herein, who is A3 in the said proceedings.
5.Further, as far as the petitioner/A3 is concerned, no allegation is raised in the charge sheet, constituting any of the offences as stated above. Hence, on both grounds, the question of fastening any criminal liability on the petitioner for the same does not arise herein, as such, there is no justification for this court to allow the proceedings to continue against the petitioner herein and this Court has no hesitation to quash the proceedings.
K.B.K.VASUKI, J.
rk
6.In the result, this criminal original petition is allowed and the proceedings in CC No.61 of 2014 on the file of the Judicial Magistrate No.I, Tindivanam. Consequently, connected miscellaneous petitions are closed.
05-09-2014 rk To
1.Judicial Magistrate No.I, Tindivanam.
2.The Inspector of Police, Roshanai Police Station, Tindivanam, Villupuram District.
3.The Public Prosecutor, High court, Madras.104.
Crl.O.P.No.22123 of 2014