ARJUNAN Vs. STATE

JUDGEMENT

(1.) THE petitioners, who are the accused in Crime No.96 of 2005 on the file of the Bagayam Police Station, Vellore District pending trial in C.C.No.39 of 2007, seek to quash such proceedings against the four persons, who have been arrayed as accused in the charge sheet dated 17.02.2006 filed by the respondent police. THE petitioners are alleged to have committed the offences under Sections 286, 279, 338 (3 counts) and 304(A) IPC (two counts) r/w 109 I.P.C. Such charge sheet relates to an occurrence wherein the setting of, of a large quantity of fire crackers caused death of two persons and injury to five others.

(2.) WHAT emerges on a reading of the complaint, the statements and the charge sheet is as follows:

(3.) IN such circumstances, they cannot be said to have acted negligently, endangering the life or personal safety of others so as to sustain the charges against them. The charge under Section 279 IPC totally is misplaced since such offence relates to rash driving or riding on a public way.