^^ HIGH COURT OF CHHATTISGARH AT BILA8PUR Petitioner VERSUS Cr. M.P.No.76/2008 Pradeep Majunidar, Aged about 45 years, S/o Shri K.K. Majunidar, R/o Near Niharika Talkies, Korba, Tahsil & DistrictKorba(C.G.). Respoadent State of Chhattisgarh, Through Officer In-charge of Potice Station, P.S. ~ KoUvali, Korba, Distodct Korba. CRIMiNAL MISCBLLANBOUS PETITION UNDER SBCTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973. (SB :Hot2'ble Bto. T.P.Sharma, J.) Present:- Sliri An^iad Kumar Dubey, Advocate for the petitioner. Shri Ashish Gupta, P.L. for the State/respondent. ORAL- ORDER (Passedon 09/09/2009) 1. This is a petition under Section 482 of fhe Code of Criininal Procedure, 1973 for quashinent of fhe order dated 6/10/07 passed by fhe Judicial Magistrate Fit'st Class, Korba ia crimin.al proceedin.gs No. 1442/2005 whereby learaed Judicial Magistrate First Class, Korba has taken cognizaace of tlie offence piinishable under Section 304A of ttie Indian Penal Code agamst the petitioner. 2. Quashiaeut is prayed on the ground fhat wifhout any priinaiy niaterial agamst the petitioner leanied Judicial Magistrate First Class, Korba has taken cognizaace aiid has frained fhe charge of offeiice punishable under Section 304A of the Indian Penal Code. 3. Learaed counsel for fhe pardes are heard, -& 4. Leanied counsel for fhe petitioner argued Uiat prosecution has not collected aiiy evidence to show fhat naked line electric wire was iastalled by the petitioner which was cause of deatii of tlie deceased. 5. Leamed counsel for fhe petitioner placed reliance ia tlie inatter of Smt. MaaN Baradia v. State of Chhattisgsrh1 m which fhis Court has held tliat m order to prove fhe commission of ojBence puuishable under Section 304A of fhe Indiaii Penal Code agamst tlie person, proseciition is required to prove the cilmuial Hability arisiag out of tlie accident, liabiUty niay civil or crimuial and unless cnmitial UabiMty is shown aad estabUshed the person is not liable for commissiou ofaay offence. 6. On fhe other haad, leaiTLed counsel for the respondent/State opposed tlie petition aiid submits ftiat the niaterial collected on behalf of tlie prosecution is sufficient to show piima facie material that petitioner was Contractor aiid had iastaUed tlie naked Uve electric liae just 2-3 fts. distance from. tlie place of occuiTence where deceased was workiag aad tf allegation m.ade m tlie charge sheet is admitted ia its face value tlien same would be suflicient for wan'aatuig conviction of fhe petitioner. At ttie tiiue of fraoiuig chai'ge uo ineticulous scrutmy of tlie evidence or evidencary value is required. 7, Order iaipugued and copy of ofher docuBients iacludiag fhe copy oftlie charge sheet peinsed. As held m case of Synt^ Maniu Bciradia v^ State of 8. Chhattisfseirh (Supra) prosecution is required to show pxima 2001(2) C.GL.J. 154 -} facie niaterial of criinin.al MabUity agaio.st thie accused for fi'aaiio.g of fhe charge aad requrred to estabUsh the material Uability agaiast Uie acciised for conviction. 9, Copy of tlie charge sheet reveals tiiat Uve naked electric wii'e was instaUed witliia closed distance of 2-3 fts of the workiag place where deceased was workuig iastalling of Uve naked electdc wire itself is a Act of uegUgent wifh. risk ofcausiag death or daaiage to fhe persoa or property, no niore inaterial is required for fraoihig of the charge of ftie otYence punishable under Sectiou 304A of tiie Indian Penal Code, I do not find aay scope for iiiteiiereuce iii teiTas of Section 482 of the Code. Consequently, this petition is Uable to be dismissed aad it is hereby dismissed, 10. I.A. No. 01/2008 is also dismissed. §^ T.P. Sharma Judge ^