ORDER:

This Criminal Petition under Section 482 of Code of Criminal Procedure (Cr.P.C.) is filed by these two petitioners, who are arraigned as A.1 and A.2 in P.R.C.No.24 of 2020 on the file of learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Kurnool with a prayer to quash the proceedings against them. The offence alleged against them is under Section 304 Part-II read with 34 I.P.C.

2. Respondent No.1 is State. Respondent No.2 is the de facto complainant. Despite notice being served, none entered appearance for respondent No.2.

3. Sri Challa Ajay Kumar, learned counsel for petitioners and learned Assistant Public Prosecutor representing respondent No.1 submitted arguments.

4. Point that falls for consideration is:

“Whether continuance of criminal proceedings against the petitioners is abuse of process of Court?”

POINT:

5. Facts leading to the present criminal petition are as mentioned below:

(a). There was one Sri Chinna Bali Venkatesh @ G.Venkatesh aged about 49 years of Ananthapuram Town of Andhra Pradesh. He was a hamali worker. He has a son by name Sri J.Venugopal. In a motorbike accident that occurred on 06.05.2018 the said Venugopal sustained injuries and therefore his father and other family members admitted the injured in Sri Sai Sathya Hospital, Kurnool. The hospital is a multistoried building. It has a cellar and six upper floors. The injured boy was in 5th floor of the hospital and he was undergoing treatment.

(b). For the said hospital there is an elevator/lift and it carries people from cellar to the top floor. This elevator/lift also reaches the fifth floor where the injured boy was taking treatment. On 08.05.2018 at about 9:00 P.M. the doctors attending the injured boy gave a prescription of medicines and the father of the boy had to fetch them from the medical shop which was located in first floor of this hospital. The father went to the medical shop procured medicines and with a view to go to fifth floor to handover these medicines he went to the elevator pushed the doors and the doors got opened. Thinking that the elevator/lift was there as the doors got opened, he stepped inside it and fell into the elevator’s tunnel and sustained serious injuries to his head, chest and stomach. His family members and others retrieved him from the tunnel and the hospital authorities came there and they admitted him in the hospital and started treating him and told them that the hospital would bear the entire expenditure and they requested the persons not to file any cases. They conducted surgery at the throat and stomach of Sri Chinna Bali Venkatesh @ G.Venkatesh. On 02.06.2018 A.1 and A.2 told the relatives of Sri Chinna Bali Venkatesh that dialysis was required for the patient and such facility was not available in the hospital. Despite protest from the relations of the injured Sri Chinna Bali Venkatesh, A.1 and A.2 took the patient in an ambulance and admitted him in Government General Hospital, Kurnool and left the place. On

05.06.2018 at 6:00 A.M. Sri Chinna Bali Venkatesh died.

(c). The wife of late Chinna Bali Venkatesh lodged written information with police by 9:00 A.M. on the same day i.e., 05.06.2018 at Kurnool III Town Police Station. That was registered as Crime No.144 of 2018 and F.I.R. was issued. After due investigation, the Inspector of Police filed charge sheet before learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Kurnool as against three individuals arraigned as A.1 to A.3. A.1 is stated to be an Orthopedic Doctor and he is the Managing Director of the hospital. A.2 maintains a medical shop and he is the Supervisor of the hospital and A.3 is also Supervisor of the hospital at the relevant time. In the charge sheet it is alleged that for the last six months earlier to this incident the elevator/lift has not been in proper working condition despite the fact that it was notified to the accused they did not get it repaired and did not even choose to keep a warnin