AJIT SINGH Vs. STATE

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing the criminal proceedings against the petitioner in relation to FIR No. 40 of 1986 of Police Station Anand Parbat, New Delhi.

(2.) The circumstances in which the prosecution against the petitioner arose are that the petitioner owns a factory-M/s Capital Machine India at New Rohtak Road, New Delhi, One Ram Kewal, compiainant worked in that factory. The complainant went to the seat of another worker who was operating the power press. Arm of the complainant got caught in the power press which was being operated by another worker. The arm was then amputated in the hospital. Therefore, the crux of the allegations against the petitioner is that be did not put safety guard on the power press "Garari" which resulted in grievous hurt to the complainant.

(3.) A case was registered against the petitioner under Section 338 Indian Penal Code and after completion of investigation it was filed in the court of Sh. Sukh Dev Singh, Metropolition Magistrate, Delhi. After hearing arguments at the stage of charge the learned Magistrate was of the view that the offence actually falls under,Section 287 of Indian Penal Code and not under Section 338 I PC. The order shows that even the learned APP appearing before him conceded that the offence actually was covered by Section 287 IPC.