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.

Facts of the case, on 18.09.2021, 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 18.09.2021 when he was sitting on a coat, a

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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 seen the driver of the motorcycle alongwith the motorcycle were lying there

and the pillion rider namely was lying in dug 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 the police and ambulance was called. Due to the

head injury Bablu Verma was 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.

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 byes. 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

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instructions of the State Government, sufficient safety measures were taken by

the petitioner by putting good amount of debris around 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 Section173 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 act of others. It has been specifically

informed by the peti