IMPORTANT POINT
A direct nexus between the accused's negligent act and the death is essential for liability under Section 304-A IPC.

ORDER :

V. Sujatha, J.

This Criminal Petition under Section 482 of the Code of Criminal Procedure [for short Cr.P.C], seeking to quash the proceedings against the petitioner in C.C.No.521 of 2018 on the file of the Judicial Magistrate of First Class, Kurnool District, Kurnool, for the offences punishable under Sections 304-A IPC, wherein the petitioner has been arrayed as accused No.2.

2. The case of the prosecution is that on 02.10.2017 at about 6.30p.m. while the deceased was crossing the road in front of Bugga Rameswara Swamy temple, Kalva Bugga village, the accused No.1, being driver of the Car bearing registration No.AP 04 AT 0023 coming from Nandyal side, drove the same in rash and negligent manner, without blowing horn, hit the deceased, who fell down and died on the spot with bleeding injuries. The same was informed to the 3rd respondent/ who is the defacto complainant. On 02.10.2017 basing on the report of the 3rd respondent herein, the Sub Inspector of Police registered a case in Crime No.214 of 2017 under Section 304A IPC of Orvakal Police Station against the car driver, the National Highway Authority Road No.42 and KMC Constructions Authorities. After completion of investigation, police filed Charge Sheet against the accused 1 to 3 and the same was numbered as C.C.No.521 of 2018 on the file of the Judicial Magistrate of First Class, Kurnool, for the offence punishable under Section 304-A of I.P.C..

3. The allegation against the accused No.2 and 3, who are the NH-40 High way Authorities and KMC constructions authorities are that as they have not provided under turner bridge and road divider on the road in front of Bugga Rameswara Swamy temple, no rumble strips to pass the vehicles slowly in front of temple and no direction boards as well as radium stickers were provided to avoid the access in front of the said temple, as such due to their negligence present accident has occurred.

4. The grievance of the petitioner herein/A2 is that the petitioner is a Project Director of the Project Implementation Unit, National Highways authority of India, Nandyal and the petitioner was arrayed as accused No.2 in the above Calendar Case. The petitioner’s office is only a Project Implementation unit and the petitioner is a Project Director, which is part and parcel of the National Highways Authority of India, Ministry of Road Transport and Highways, Government of India. The National Highways are meticulously planned by high qualified engineers taking into consideration not only safety issues but also all other connected issues, so as to provide a fast, safe, steamless, hassle free travel and the authorities have provided sub-roads crossing points etc. for convenience of the commuters who wish to cross the road at suitable places based on the requirement but several people to save time or avoid distance, choose the risk of crossing the road at unstrategic, undesignated and dangerous places on the road and suddenly come across thigh speed vehicles, risking not only their own lives but also others, which has evidently happened in the present case. But the Investigation Officer without ascertaining the realm and scope of the duties of the petitioner, has irresponsibly arrayed the petitioner as an accused and issue notices to him. She further submits that the petitioner is neither the owner nor driver of the vehicle bearing registration No.AP 04 AT 0023 which is alleged to have caused accident to the father of the 3rd respondent/defacto complainant and the case is foisted against the petitioner without any overt acts and none of the offences attracted to the petitioner. It is further submitted that the petitioner is no way concerned with making provision for under tunnel, road crossing as alleged in the complaint, since, provision for road crossing has to be made in the DPR prepared by the Technical Consultants and once, the alignment is finalized and road is laid, the petitioner does not have any role or power to make any changes to the appr