ORDER :—

The petitioner has filed the present petition under section 482 of Cr.P.C. for quashment of criminal proceedings pending before the Judicial Magistrate First Class, Kasrawad, Khargone in Criminal Case No. RCT/145/2022 arising out of Crime No. 564/2021.

2. Facts of the case, on 18-9-2021, Merg No. 89/2021 under section 174 of Cr.P.C. was registered during enquiry, statement of Rahul were taken. In his statements he stated that he owned a Dhaba namely Panchmukh Dhaba on Khargone Kasrawad Road. On 18-9-2021 when he was sitting on a cot, a motorcycle had came speedly and met with the debris which was lying on the road because the road was under construction. When he reached on the spot, he saw that the driver of the motorcycle along with the motorcycle were lying there and the pillion rider namely was lying in dug (sic) which was dug out due to the construction work on the work site. Blood was oozing out from his head and thereafter, he informed the police and ambulance was called. Due to the head injury Bablu Verma died on the spot. Thereafter, the police has lodged a report against the driver of the motorcycle namely Pritesh Verma under section 304-B of IPC. During investigation, the witnesses Rahul has also narrated the police the safety measures were also not ensured by the contractor. Hence, the police impleaded the contractor and manager and safety manager of the company namely M/s Bansal Construction Company.

3. Learned Senior counsel for the petitioner submits that the learned Courts below failed to appreciate the fact that eye-witness who lodged the FIR has clearly stated that the vehicle was driven rashly and negligently by brother of the deceased Pritesh Veram, however, the Court below chose not to take cognizance against him and too cognizance against the petitioner instead. All the requisite sign boards and reflectors were adequately affixed on the work site to avoid any inconvenience to the passers by. It is further submitted that there is no single complaint ever raised by the Madhya Pradesh Road Development Corporation against the petitioner regarding non-compliance of the safety measures on the work site. Proper diversion along with diversion sign board was also affixed on the work site. Left side of the road was closed for construction, hence, the traffic was diverted on the right side of the road and sufficient space was available for the easy movement of the traffic. As per the instructions of the State Government, sufficient safety measures were taken by the petitioner by putting good amount of debris around the construction site so as to avoid any kind of fatal accident. The petitioner left no stone unturned for providing adequate safety measures on the work site, thus, the petitioner cannot be blamed for any kind of unfortunate mishap on the work site. The Courts below failed to appreciate the fact that after further investigation conducted by the Police, the final report under section 173, Cr.P.C. was filed by the Police before the Court wherein one Pritesh Verma and one Mohan Pagare were made accused. The Courts below without appreciating the investigation and ignoring the statements and materials available on record discharged the rider of the vehicle and instead took cognizance against the present applicant. The petitioner is a Director of the Bansal Construction Company which was awarded the tender for up-gradation and construction of two-lane with paved shoulders with flexible pavement on Khalghat to Sawardewala road. The petitioner has no direct role in commission of the offence, instead the cognizance has been taken against him that too without any material or allegation against him. The learned Judge of the trial Court failed in appreciating that to array a person as an accused, the basic principles of criminal jurisprudence has to be followed. The learned Judge failed to appreciate that the criminal liability is based on personal act and no personal can be vicariously be held liable for the a