JUDGMENT :

Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to call for the records in P.R.C.No.135 of 2013 from the file of the learned IX Metropolitan Magistrate, Saidapet, Chennai, in Crime No.4592 of 2012 on the file of the respondent and to quash the same.

Challenging the proceedings in P.R.C.No.135 of 2013 on the file of the learned IX Metropolitan Magistrate, Saidapet, Chennai, the present petition has been filed.

2. The brief background leading to filing of charge sheet is as follows: On 30.10.2017, the Port of Madras raised a signal for a cyclonic storm named “Nilam” with Signal-7 signifying great danger and thereby directed all vessels in the anchorage to move to open sea. On 31.10.2017 at about 10.15 hrs vessel Pratibha Cauvery started to drag on the starboard anchorage. Though the captain of the ship had ordered to lower the shackles and move the vessel full ahead with all its engines operated, the vessel proceeded towards the land shore. When the vessel was close to the shore, the captain ordered the crew to abandon the ship. 22 crew members boarded a life boat. But however, the life boat capsized and six of the crew members therein drowned and died. In connection with this incident, a complaint came to be registered in Cr.No.4592 of 2012 on the file of the first respondent herein which culminated into framing of the impugned charge sheet for offence u/s.304(ii) IPC wherein the petitioners herein have been arrayed as A11, A12 and A13.

3. The case of the prosecution is as follows: On 25.09.2012, the ship named “MT. Pratibha Cauvery” arrived at Chennai Port from Budge Budge Port, Kolkatta under IOC Charter for unloading light diesel oil. After discharging the cargo, the vessel was directed by the Port Authorities at Chennai to move to the outer anchorage and wait for further orders from the Authorities of the Shipping Department. On 08.10.2012, the vessel came to inner anchorage for receiving provisions and stores and remained in the inner anchorage till 11.10.2012. On 28.10.2012, the vessel became disabled since the bunker Marine Gas Oil (MGO) was critically lower. On 30.10.2012, the Port of Madras raised a signal for cyclonic storm and requested all vessels to move out of the port and go to outer anchorage. Since the vessel was dragging her anchorage, the captain had tried for tug assistance for taking the vessel outside the port limit. However, the vessel drifted to 5 Nautical mile distance from the land and got grounded. The captain had sought for assistance of boat for towing the ship from Chennai VTS. Since no boat was sent for about 35 minutes, he had ordered for lowering the life boat at 15.00 hrs, with the knowledge that the life boat engine was not working for the past three months. The captain ordered the crew members to abandon the ship and 22 crew members boarded the life boat and when the life boat was lowered to the water level, it capsized and out of the 22 crew members, 16 crew members were rescued and the remaining six got drowned in the sea and died. On receipt of the complaint, the first respondent herein initially registered a case in Crime No.4592 of 2012 under Section 174 Cr.P.C., on 31.10.2012 at 23.50 hrs. Since the preliminary investigation revealed the case to be one of culpable homicide not amounting to murder causing the death of crew members due to the deliberate failure of the employees of the A1’s Company and others, the respondent herein had altered the Section from 174 Cr.P.C., to Section 304(2) of IPC on 26.11.2012.

4. The petitioners herein have been arrayed as A11, A12, A13 respectively. A1 in this case is the Shipping Company. A2 to A7 are the Directors of the Shipping Company. A8 & A9 are the “Designated Persons Ashore” of the Company. A10 is the Technical Superintendent of the Shipping Company. The petitioners are the employees of M/s.Sea