KUMARASAMY GOUNDER Vs. S KRISHNAPRASAD

JUDGEMENT

(1.) This criminal original petition is filed under Section 482 of Cr.P.C., to call for the records in C.C.No.3145 of 2010 on the file of the II Metropolitan Magistrate Court, Egmore, Chennai and quash the same.

(2.) The brief facts which are necessary for determination of the case, are as follows:-

(3.) The petitioner submits that the 1st accused is a partnership firm, and Mr.A.Sovabose Alias A.Gopalakrishnan and Mr.R.Velmurugan are the partners of the firm and they are running the 1st accused company till date. The petitioner is not in any way responsible for the accident and since he is a stranger, he cannot be prosecuted for offence under Section 304 (A) of I.P.C. Even as per the charge sheet, it is stated that the owner of the 1st accused/M/s.Anandhi Metals Company is responsible for the alleged accident, but the petitioner is neither a partner of A.1 nor owner of the Company. Further, there is no allegation that he was in-charge and responsible for the day-to-day affairs of the A1 Company. Therefore, on the basis of the vague allegations in the complaint, the petitioner cannot be proceeded for the alleged accident.