THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 1037 of 2009 ORDER: The present petition is filed by the petitioners/A-4 to A-6 under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.) to quash the proceedings in C.C.No.224 of 2007 on the file of the Judicial First Class Magistrate, Adilabad. The petitioners are said to be in the management of the Gouri Shanker Oil Mill (for short “G.S. Oil Mill”) at Adilabad. The deceased Bandi Laxmi was the wife of L.W.1, Bandi Bhuma Reddy, and she was employed and on 09.01.2004 a complaint has been lodged by her husband to the effect that on 03.01.2004 when his wife went to attend to the duties in the oil mill, at about 10.00 a.m., A-2 and A-3 started the boiler, as a result of which, she received burns and immediately, the petitioners herein reached there, shifted her to the hospital and thereafter she was taken to Nagpur and she died on 06.01.2004. Based on the said complaint, a case in Crime No.4 of 2004 for the offences under Sections 304-A and 201 of the Indian Penal Code, 1860 (for short “IPC”) was registered and investigated into. A charge sheet has been filed against all the accused 1 to 6. The petitioners herein contend that the offences charged by the police are under Sections 304-A and 201 of IPC and from the charge sheet itself immediately after the incident, the petitioners have gone to the scene and have given medical aid to the deceased. But, in spite of it, she died. It is the contention of the learned counsel for the petitioners that the rash or negligent act is attributable to A-2 and A-3 under the supervision of A- 1 and it was because of the sudden release of the boiler water, the burns were received by the deceased. It is not a case where the petitioners being in management of the mill have neglected to maintain the mill properly and consequence of their negligence, the death of the deceased has been caused. If any of the duty of care is lacking on the part of the petitioners, then an offence under Section 304-A of IPC can be said to be attracted. But, from the material evidence on record, it is quite clear that it was the act of A-2 and A-3 in suddenly releasing the boiler water that has caused burns to the deceased. At the most, the petitioners may be vicariously liable for damages under civil law but the question of prosecuting them for the offence under Section 304-A of IPC is not warranted. Therefore, the proceedings against the petitioners, who are A- 4 to A-6, are quashed. Accordingly, the Criminal Petition is allowed. ________________________ N.R.L. NAGESWARA RAO, J Date: 17-11-2011 MR THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 1037 of 2009 17-11-2011 MR