SEKAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The first accused in S.C. No. 117 of 2008 on the file of the learned Additional District and Sessions Judge (Fast Track Court-II), Tindivanam filed a petition invoking the provision under section 227 of the Code of Criminal Procedure seeking discharge from the criminal proceedings but, the learned Additional District and Sessions Judge (Fast Track Court-II), Tindivanam chose to dismiss the plea for discharge. Hence, the present criminal revision case before the court.

(2.) The petitioner would contend that he is the proprietor and licence-holder of Sri Sakthi Explosive situated at Padirapuliyur and Thenalapakkam. He is a licenced blaster entitled to detonate the explosive under the Explosives Act, 1884. He entered into a memorandum of undertaking dated 7.4.2007 with M/s. SPL Infrastructure Construction which is engaged in the business of laying and expanding Highways. Under the terms of the said M.O.U, he despatched electric detonators and certain quantity of slurry in a jeep belonging to the petitioner. An accident was reported. The investigation would reveal that the explosion was as a result of throwing of mud on the explosive laden vehicle when smoke was coming therefrom by the people thronged to the place. Neither slurry nor the detonator ignited by itself. Further, the accident had taken place only on account of the negligence on the part of the deceased accused 2, 3 and, 4. They did not warn the general public and as a result of their callous behaviour, the explosion had taken place causing loss to life and property. No ingredients of the offences under sections 324, 326, 429, 286 and 304(H) of the Indian Penal Code were made out. Therefore, he has sought for discharge from the criminal prosecution.

(3.) The respondent police, having investigated the case, filed final report as against the petitioner and five others of whom A2, A3 and A4 had died in the accident itself. The charge would read that the petitioner and other accused committed offences under sections 324, 326, 427, 429, 168, 268, 286 and 304, Part II of the Indian Penal Code read with section 4 of the TNPPD Act and also under sections 9-B(l)(b) (3)(c)(ii) of the Explosives Act, 1884 and section 3(b) of the Explosive Substance Act, 1908.