JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. P.P.N. Roy, learned Senior counsel for the petitioner, Mr. Shailesh Kumar Sinha, learned A.P.P. appearing for the opposite party- State and Mr. Amarendra Kumar, learned counsel for opposite party no. 2.

2. This criminal miscellaneous petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. The petitioner has filed this quashing application for quashing the order taking cognizance dated 07.09.2010 passed by the learned Chief Judicial Magistrate, Kodarma in Complaint Case No. 327 of 2009, whereby, the learned Chief Judicial Magistrate has taken cognizance of the offence under Sections 304-A of the Indian Penal Code against the petitioner.

4. The lodging of the said complaint case was on the facts that the contractor Suresh Prasad Yadav had taken contract work for construction of one drain on the road near Shitla Mata Mandir at Devi Mandap Road and it has been alleged in the complaint case that it was responsi