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G. JAYACHANDRAN
Rajesh – Appellant
Versus
State Rep. by, The Inspector of Police, Erode – Respondent
JUDGMENT
(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in C.C.No.197 of 2018 on the file of the Judicial Magistrate No.III, Erode and quash the same against the petitioner herein.)
1. This Criminal Original Petition is filed by the petitioner/3rd accused to quash the Criminal complaint in C.C.No.197 of 2018, on the file of the Learned Judicial Magistrate-III, Erode.
2. The facts leading to filing of charge sheet against the petitioner for offences under Section 304(A) and 288 of I.P.C arose due to a wall collapsed and fell on a worker, on 11.09.2018, at about 23.30 hours at P&C Tower, No.140, Perundurai Road, Erode. The said accident occurred when the labourers were working in one of the rooms of the building, removing bricks the wall collapsed and caused death of Pankaj Palai.
3. The respondent police registered a case in Crime No.556/2018 dated 12.09.2018 against Building Supervisor A1 (Prakash), Company Supervisor A2 (Charles Victor) and owner of the building A3(Rajesh).
4. The petitioner, who is the owner of the building seeks quashment of the complaint alleging that having entrusted the supervisory responsibility to the Company S
The main legal point established in the judgment is that the owner of a building cannot be held vicariously liable for accidents if the responsibility for supervision and safety measures was delegate....
The cause of death should be a direct consequence of the accused's act, which should be either rash or negligent and proximate to the cause of such death, to establish liability under Section 304A of....
A Site Engineer lacking involvement in demolition activities and presence at the scene cannot be held criminally liable under Section 304 IPC without proof of the requisite knowledge or intention to ....
The act must be the immediate or proximate cause for the occurrence, and negligence must be of a high degree to constitute gross negligence under Section 304-A of I.P.C.
Vicarious liability does not apply to company directors unless statute provides for it; established there was no direct involvement in negligence by the applicants.
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