BATHRINATHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Criminal Original Petition has been filed under Sec. 482 of the Code of Criminal Procedure to call for the records in C.C.No. 5196 of 2015 pending on the file of the 18th Metropolitan Magistrate Court at Saidapet at Chennai and to quash all further proceedings as against the petitioner/A-1 is concerned. The petitioner was the owner of a old house of about 850 sq.ft., built up area, at No.10/55, Muthu Street, Mylapore, Chennai " 600 004. He wanted to demolish the house. He engaged a Contractor / A2, who was in the business of demolishing old buildings. A2 is said to have engaged A3, the owner of a JCB vehicle for demolishing the house. A4 was the driver of the JCB vehicle. He also engaged A5 lorry driver of a tipper lorry to clears the debris from the premises. The Maistry, who was examined as witness No.4, had engaged employees including Murugan for clearing the debris.

(2.) On 30/11/2014 late night at around 11.30 p.m., when admittedly the petitioner was also present at the spot and the JCB was engaged in demolishing the building and Murugan was engaged in clearing the debris, a wall fell down on Murugan, who was hurt and was taken to Government Royapettah Hospital and was declared as brought dead. Thereafter, FIR in Crime No. 2940 of 2014 had been registered in E-1, Mylapore Police station under Sec. 304-A IPC and after investigation, final report was filed before the XVIII Metropolitan Magistrate, Saidapet in Chennai and was taken cognizance as C.C.No. 5196 of 2015. Seeking to quash the calendar case in so far as he is concerned, A1, the owner of the building had filed the present Original Petition.

(3.) Heard arguments advanced by Mr. G.R.Hari, learned counsel for the petitioner/A1 and Mr. E.Raj Thilak, learned Government Advocate (Crl.Side) appearing for the respondent.