IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.6857 OF 2010 Between : Akken Shankar ....PETITIONER A N D The State of A.P. rep.by P.P and another …RESPONDENTS THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.6857 OF 2010 ORDER: This Criminal Petition under Section 482 of Cr.P.C. is filed seeking to quash the proceedings in C.C.No.28 of 2010 on the file of the Additional Junior Civil Judge-cum-XVII Metropolitan Magistrate, Cyberabad, Rajendarnagar, Ranga Reddy District. The brief facts of the case are as follows: The deceased (G.Srinivas Chary), his wife LW-1 and co-workers i.e., LWs-2 and 3, are working in a Plastic Industry, namely Shankar Plastics Industry, which was run by the accused situated at Mailardevpally, Rajendranagar as labourers. On 14.03.2007, the deceased and other co-workers working on machinery, the deceased while putting plastic wastage in washing machinery, accidentally fell in it, due to which he received severe injuries on his head, hands and abdomen. Thereafter, he was shifted to Ragavendra Hospital, from there he was shifted to NIMS, where he was succumbed to injuries, while undergoing treatment. The owner of plastic factory i.e. Shankar Plastic Industry, violated the safety precautions, not made any proper supervising and not provided proper work environment conditions at the work place and caused death of the deceased. Due to the negligence of its owner Shakar only, the accident was occurred 2. Learned counsel for the petitioner submits that the entire reading of the complaint does not disclose any negligence or rashness on the part of the petitioner herein. Even though the statements of the witnesses and also the Investigating Officer report disclose that because of the negligence of the petitioner the occurrence took place, it is evident from the record that the accident took place due to the attitude of the deceased. 3. This court on perusal of the entire record and also the statements of the witnesses, came to the conclusion that the proceedings in C.C.No.28 of 2010 on the file of Additional Civil Judge-cum-XVII Metropolitan Magistrate, Cyberabad, Rajenderanagar, Ranga Reddy District, are liable to be quashed. 4 Accordingly, the Criminal Petition is allowed. _________________________ JUSTICE RAJA ELANGO JULY 14, 2010. YVL