Vicarious liability does not apply to company directors unless statute provides for it; established there was no direct involvement in negligence by the applicants.

JUDGMENT :

URMILA JOSHI-PHALKE, J.

1. These applications are filed under Section 482 of the CrPC.

2. In Criminal Application No.1347/2023, heard learned counsel Shri Chinmay Dharmadhikari for the applicant and learned Additional Public Prosecutor Shri A.G.Mate for the State.

3. In Criminal Application No.1321/2025, heard learned counsel Shri A.O.Shriwas for the applicant and learned Additional Public Prosecutor Mrs. Shamsi Haider for the State.

4. Though both applications are closed for orders on different dates i.e. 8.12.2025 and 9.12.2025, since facts are identical and FIR is the same in both applications, these applications are clubbed together for passing common orders.

5. By these applications, applicants seek quashing of FIR in connection with Crime No.49/2018 registered for offence under Section 304-A of the IPC and consequent proceeding arising out of the same bearing SCC No.943/2018 pending before learned JMFC, Seloo, district Wardha.

6. Brief facts of the case are that, applicant Krishna Mandadi (In Criminal Application No.1347/2023) is Managing Director of construction company namely “Someshwaraya Infrastructure Pvt. Ltd.” (the said construction company).

Whereas, applicant Venkata Siva Kishore Patnala (In Criminal Application No.1321/2025) is Engineer of the said construction company.

The said construction company is engaged in construction of major Governmental and Semi- Governmental Works and carries out works of construction of roads and bridges etc.. The said construction company was assigned with work of construction of “over-bridge” at Sindhi Railway Station, Wardha. When the said work was in progress, some streams and potholes were dug by workers of the said construction company. On 9.10.2017, child namely “Wahid Lobh Shah” aged about two and a half years, fell in one of potholes and as it was rainy season, the said pothole was filled with water. As a result of which, the child died due to drowning.

7. As per the case of the prosecution, since there were no proper preventive measures or security measures at the construction site, and no barricades/flags were erected around the potholes to cover the same, applicant Krishna Mandadi, working as Managing Director, and applicant Venkata Siva Kishore Patnala, working as Engineer, are responsible for the said unfortunate death of the said child and, therefore, the crime was registered against both the applicants under Section 304-A of the IPC.

8. Learned counsel Shri Chinmay Dharmadhikari submitted that applicant Krishna Mandadi is Managing Director of the said construction company and he was not concerned with day-to-day activities of the said construction. A contractor was deputed there and the work was in progress under supervision of the contractor and Engineer. He is a senior citizen and vicarious liability is unknown to the criminal law. The applicant cannot be held liable for act of others. He submitted that none of statements shows that the applicant was looking after day-to-day activities of the construction work and, therefore, he is responsible for act of negligence. He submitted that, moreover, during mediation process, both parties have settled the dispute and compensation is deposited in this court. In view of that, as there is no direct involvement of the applicant, and for holding him guilty of vicarious liability also none of statements discloses that he was looking after day-to-day activities of the said construction work, no prima facie case is made out against applicant Krishna Mandadi. In view of that, the FIR lodged against him and the consequent pro