N.JAYARAM Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was working as an Executive Engineer, P.H.Division, Kerala Water Authority, Kottayam. He was retired from the service on 31/12/2018. He is implicated as the first accused in Crime No.859 of 2018 of Mannarkad Police Station, which was registered on the complaint of the second respondent. The offences alleged are those under Ss. 336, 337 and 338 of the Indian Penal Code.

(2.) The learned counsel appearing for the petitioner would submit that the crime was registered at the instance of the second respondent and on the complaint that, while travelling on the scooter through NH-183 from Mannarkad (Kottayam) towards Kottayam side, the scooter of the second respondent happened to overturn on account of a heap of sand, which was kept in the side of the road owing to some work carried out by the Kerala Water Authority. It is submitted that the petitioner was, at the relevant time, the District Head of the Kerala Water Authority. It is submitted that, even assuming that the statement of the second respondent is true, by no stretch of imagination, the petitioner can be made an accused in the case. It is submitted that the work was carried out not under the supervision of the petitioner or on his instructions. It is submitted that the work was carried out possibly by the local officials and the petitioner was not in any manner involved in the same. It is submitted that the petitioner has been unnecessarily made an accused in the case and therefore, the proceedings against the petitioner may be quashed in exercise of the jurisdiction vested in this Court under Sec. 482 of the Code of Criminal Procedure as the proceedings against the petitioner amount to an abuse of process.

(3.) The learned Public Prosecutor and the learned counsel appearing for the defacto complainant would vehemently oppose the grant of relief. It is submitted that the question as to whether the petitioner was in any way responsible for the negligent act of the subordinate officials is a matter to be proved a trial and is not a matter for consideration in a petition under Sec. 482 of the Code of Criminal Procedure.