THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.11832 OF 2023

O R D E R:

This Criminal Petition is filed by the petitioner/accused No.2 seeking to quash the proceedings against him in C.C.No.595 of 2020, pending on the file of learned Junior Civil Judge, Godavarikhani, Peddapalli District (for short, “the trial Court”) for the offence punishable under Section 304-A of I.P.C.

2. Heard Mr.M.Ratan Singh, learned counsel for the petitioner and Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.1-State.

Perused the record.

3. This is a case of fatal road accident, which occurred on 02-07-2020 at 22:00 hrs at Medipalli Centre, NTPC, where the accused No.1 stationed his lorry bearing No.AP- 35 TA 2121 negligently on the road without any danger sign or without any precaution and accused No.2 being the incharge of HKR company, who looked after the Hyderabad to Chennur X road highway, acted carelessly in maintaining the lights on the highway road, even after receiving several complaints from the citizens, as a result of which, the deceased did not observe stationed lorry during night and dashed the said stationed lorry from backside and sustained severe injuries, then he was shifted to Government Area Hospital, Godavarikhani and he was further shifted to Karimnagar Government Hospital, where the deceased succumbed to injuries at 3:30 hours. Basing on the report made by respondent No.2, a case was registered in Cr.No.125 of 2020 for the offence under Section 304-A of IPC against accused Nos.1 and 2. After completion of investigation, charge sheet is filed against them in C.C.No.595 of 2020 before the trial Court. Assailing the same, the present Criminal Petition is filed by accused No.2.

4. Learned counsel for the petitioner/accused No.2 contended that accused No.1 parked the crime vehicle without taking any precautions and the petitioner has no control over accused No.1 or over the crime vehicle, thus, in the absence of any material to make out any prima-facie case against petitioner, continuance of criminal proceedings against him amounts to abuse of process of law. He further contended that the petitioner is the representative of the company, which has laid roads on the highway and the allegation is that the company of the petitioner has failed to provide sufficient street lights on the highway roads, as such Section 304-A of IPC cannot be attributed to him in the absence of any oral or documentary evidence on record to show that the petitioner has committed the offence punishable under Section 304-A of I.P.C., and he has been falsely implicated in the present crime. Therefore, he seeks to allow the Criminal Petition.

5. Learned Assistant Public Prosecutor submitted that the matter requires to be tried and only upon conclusion of a full-fledged trial, the truth comes to light. Therefore, he seeks to dismiss this Criminal Petition.

6. A perusal of record reveals that the deceased dashed the stationed lorry and succumbed to injuries, there is no material on record to show that there is direct participation of the petitioner in the commission of the alleged offence, in the absence of which, this Court is of the view that this Criminal Petition in so far petitioner is concerned stands quashed.

7. Accordingly, this Criminal Petition is allowed and the proceedings against the petitioner/accused No.2 in C.C.No.595 of 2020 on the file of learned Junior Civil Judge, Godavarikhani, Peddapalli District, are hereby quashed.

Miscellaneous Petitions, pending if any, shall stand closed.

_____________________ E.V. VENUGOPAL, J Date: 30.04.2025

KRL

THE HON’BLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.11832 OF 2023 Dated: 30.04.2025

KRL