JAI PRAKASH ASSOCIATES PRIVATE LIMITED Vs. STATE

JUDGEMENT

(1.) The present revision petition which is directed against an order dated 29th August, 1985 of Shri C. K. Chaturvedi, Metropolitan Magistrate, New Delhi arises out of the following facts :-

(2.) On November 15, 1981 at about 7.45 P.M. digging operations on the construction site of Sidhartha Contiriental Hotel, Vasant Vihar were going on. Those operations were being supervised by S. R. Prabhu, Project Engineer, Pushpinder Singh, Engineer, Mahabir Singh and Anil Arora, Supervisors. During those operations, suddenly the ground caved in with the result that one Vishwa Nath Pradhan died while some others were injured. On account of that death, FIR No. 262 dated 15th November, 1981 under Section 304-A Indian Penal Code was reghtered against the aforesaid engineers and supervisors. After investigation, report under Section 173 Criminal Procedure Code . was lodged against the aforesaid four persons.

(3.) The matter was still pending with the Magistrate when the prosecution filed an application dated 26th February, 1985 praying that M/s. Jai Prakash Associates (P) Ltd., 44 Vasant Lok, Vasant Vihar, New Delhi be summoned as an accused because they had engaged the aforesaid four offenders and they were equally guilty of an offence punishable under Section 304-A Indian Penal Code . The learned Magistrate accepted that application on the ground that the aforesaid company of contractors, if found criminally liable ultimately in that case, compensation to the family of the deceased could also be awarded. For the said reason, the Magistrate directed summoning of the aforesaid contractor company as an accused by means of the impugned order.