This petition is filed praying to invoke the jurisdiction

of this Court vested under Section 482 of Cr.P.C., and to

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quash the order of taking cognizance and issuance of

process against the petitioners by the learned Magistrate

for the offence punishable under Sections 287 and 338 r/w

34 of IPC in C.C. No.278/2014 pending on the file of the

Court of JMFC, Sedam.

Respondent No.1 filed a private complaint

under Section 200 of Cr.P.C. alleging that on 25.04.2010

at about 3.00 p.m., while he was working in SB JABA

construction Company and while filling the air to the pay

loader spare tyre, the said tyre got bust and he sustained

grievous injuries such as multiple fractures, for which he

took treatment and got operated and a rod was also fixed

in his legs. It is alleged that the complainant is an

employee of accused No.1, a contractor who is supplying

labour to accused Nos. 2 and 3 and the accident occurred

due to the negligence of accused Nos.1 to 3 since they

have not provided proper equipments to work and not

taken care by providing proper tools to the complainant

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due to which, the complainant suffered grievous injuries

and incurred expenses etc.

3.

In the complaint, it is stated that the

complainant was promised by accused No.1 that he will be

adequately compensated and since the said promise was

not fulfilled and instead a criminal case was filed against

him, he filed a complaint on 08.08.2011.

4.

The learned Magistrate referred the matter for

investigation and on completion of investigation the police

filed a 'B' report. However, on a protest petition filed by

the complainant, 'B' Report was rejected and the learned

Magistrate took cognizance for the offence punishable

under Sections 287 and 338 of IPC.

5.

Section 287 of IPC reads as under:

" 287. Negligent conduct with respect to

machinery.—Whoever

does,

with

any

machinery, any act so rashly or negligently

as to endanger human life, or to be likely to

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cause hurt or injury to any other person, or

knowingly or negligently omits to take such

order with any machinery in his possession

or under his care as is sufficient to guard

against any probable danger to human life

from such machinery, shall be punished

with imprisonment of either description for

a term which may extend to six months, or

with fine which may extend to one thousand

rupees, or with both."

6.

Section 338 reads as under:

"338. Causing grievous hurt by act

endangering life or personal safety of

others.—Whoever causes grievous hurt to

any person by doing any act so rashly or

negligently as to endanger human life, or

the personal safety of others, shall be

punished with imprisonment of either

description for a term which may extend

to two years, or with fine which may

extend to one thousand rupees, or with

both."

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7.

The specific case of the complainant is that

while he was filling the air to the pay loader spare tyre, the

said tyre got bust and he sustained grievous injuries. It is

alleged that there was no fixed platform to fix the tyre and

fill up the air and accused have not provided proper

equipment to work and fill up the air and therefore the

accident occurred on account of their negligence.

8.

In the case on hand, it cannot be said that the

alleged accident occurred on account of rash or negligent

act of the accused or that they knowingly or negligently

omitted to take any precaution with the machinery in their

possession. Admittedly it was the complainant who was

filling air to the pay loader spare tyre and the accident

occurred when he was filling the air to the tyre. Therefore,

criminal negligence cannot be attributed against the

petitioners. It is not in dispute that the complainant has

suffered certain injuries on account of the tyre bust. That

itself is not a ground to fasten criminal liability on the

petitioners by holding that the incident occurred on

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account of their rash or negligent act or the injury was

caused to the complainant, on account of their use of

machinery.

9.

It is also rel