IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.02.2010 CORAM THE HONOURABLE MR. JUSTICE C.T.SELVAM CRL.O.P.No.5180 of 2007 and M.P.No.1 of 2007 1.Arjunan 2.Annamalai ..Petitioners -Vs- State represented by the Inspector of Police, Bagayam Police Station, Vellore Dt. (Crime No.96 of 2005) ..Respondent Criminal Original Petition filed under Section 482 of Criminal Procedure Code to call for the records and quash the proceedings in C.C.No.39 of 2007 on the file of the learned Judicial Magistrate No.1, Vellore. For Petitioners : Mr.V.Gopinath Senior Counsel for L.Mahendran For Respondent : Mr.P.Kumaresan Additional Public Prosecutor O R D E R The petitioners, who are the accused in Crime No.96 of 2005 on the file of the Bagayam Police Station, Vellore District pending trial in C.C.No.39 of 2007, seek to quash such proceedings against the four persons, who have been arrayed as accused in the charge sheet dated 17.02.2006 filed by the respondent police. The petitioners are alleged to have committed the offences under Sections 286, 279, 338 (3 counts) and 304(A) IPC (two counts) r/w 109 I.P.C. Such charge sheet relates to an occurrence wherein the setting of, of a large quantity of fire crackers caused death of two persons and injury to five others. 2. What emerges on a reading of the complaint, the statements and the charge sheet is as follows: https://hcservices.ecourts.gov.in/hcservices/ 3. Kannika Mandhiri died on 17.02.2005 and the Accused 1 and 2 are his sons. As one other son was in America, the funeral had awaited his arrival and the same was fixed on 19.02.2005. Accused 1 and 2 paid money to A3 towards preparation and bursting of crackers at the funeral. The entire quantity of crackers was kept at the pial of the house of one Kanniappa Mandhiri. The averment made in the complaint is that the third accused was making preparation towards bursting crackers in the funeral procession at about 11.00 a.m on 19.02.2005. Some of the relatives of the deceased came in a procession carrying garlands and bursting crackers towards the house of the deceased. A spark flew from the crackers set fire and fell upon the heap of crackers kept in the house of Kanniappa Mandhiri. A fire ensued and as a result of such accident, two persons died and five were injured. As against such contents of the complaint, the charge sheet informs that A4 rashly and negligently set fire to the crackers, endangering human life by throwing the lighted crackers on the road, due to which, fire sparks fell on the huge quantity of crackers kept in bags with the resultant effect. 4. Neither the complaint nor charge sheet reflects any role played by the petitioners in the accident that has taken place. The accused 1 & 2 have only paid money towards purchase of crackers, which were to be handled by A3. They have had no other role to play. 5. In such circumstances, they cannot be said to have acted negligently, endangering the life or personal safety of others so as to sustain the charges against them. The charge under Section 279 IPC totally is misplaced since such offence relates to rash driving or riding on a public way. 6. Hence, the petition is allowed and the proceedings in C.C.No.39 of 2007 on the file of the learned Judicial Magistrate No.1, Vellore are quashed in so far as the petitioners are concerned. Consequently, the connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ps To 1. The Judicial Magistrate No.1, Vellore. 2. -do- Through The Chief Judicial Magistrate, Vellore. https://hcservices.ecourts.gov.in/hcservices/ 3. The Inspector of Police, Bagayam Police Station, Vellore 4. The Public Prosecutor, High Court, Madras. CRL.O.P.No.5180 of 2007 and M.P.No.1 of 2007 RV (CO) GSK 04.03.2010. https://hcservices.ecourts.gov.in/hcservices/