S. MURLI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since common question of law and facts are involved in both the petitions under Sec. 482 of the Criminal Procedure Code, 1973 (henceforth 'the Code'), they heard analogously and are being disposed of by this common order.

(2.) Petitioner - S. Murali has filed the petition Cr.M.P. No. 1057/2014 challenging the entire proceedings in Criminal Case No. 428/2014 pending before Judicial Magistrate, First Class, Dabhra, Distt. Janjgir-Champa arising out of the FIR No. 65/14 registered at Police Station Dabhra, Distt. Janjgir-Champa for the offence punishable under Sec. 304-A/34 of the Penal Code, 1860 whereas Petitioner - N. Krishna Kumar has filed the petition Cr.M.P. No. 165/2015 challenging the entire proceedings in Criminal Case No. 406/2014 pending before Judicial Magistrate, First Class, Raigarh, District Raigarh arising out of the FIR No. 33/2014 registered at Police Station Kotra Road, Distt. Raigarh for the offence punishable under Sec. 304-A/34 of the Penal Code, 1860. [For the sake of convenience, Cr.M.P. No. 1057/2014 is taken-up as lead case]

(3.) Brief facts are projected by the petitioners are that the petitioners are working on the posts of Executive Vice President and Deputy General Manager, respectively in M/s. RKM Powergen Pvt. Ltd., Chennai-TN, which is establishing a 4/360 MW coal based thermal Power plant at Dabhra, Distt. Janjgir-Champa. The said Company has given its construction work to Axon Construction Pvt. Ltd. and the said Axon Construction Pvt. Ltd., in turn, has given a contract to M/s. Brothers Engineering and the said M/s. Brothers Engineering entrusted the work to M/s. Preety Erectors. While the Preeti Erectors was executing the work, one of the workers namely Gogli Prasad, while working, met with an accident on 3/10/2013 and during the course of treatment, he succumbed to the injuries on 18/10/2013. Thereafter, the Police of Police Station Dabhra, District-Janjgir-Champa registered an FIR being Crime No. 65/2014 on 27/2/2014 for the offence punishable under Sec. 304-A/34 of the Penal Code, 1860 against the petitioner and three others. After usual investigation, the police has submitted the charge sheet/final report before Judicial Magistrate First Class, Dabhra, District Janjgir-Champa on 16/7/2014, which was registered as Criminal Case No. 428/2014 for committing offence punishable under Sec. 304-A/34 of IPC,