A. VENKATARAMAN Vs. STATE

JUDGEMENT

(1.) THE petitioner is the second accused in C.C. No; 702 of 1987 on the file of the Judicial First Class Magistrate (P), Salem. The petitioner along with another is sought to be prosecuted for an offence under Section 304-A, Indian Penal Code at the instance of the respondent, who had registered Crime No, 104 of 1987 on 19-6-1987 at 5 p.m. on the first information report furnished by one Gnanamani, who was working as a mistry under the petitioner.

(2.) THE petitioner seeks to invoke the inherent powers of this Court under Section 482, Crl. P.C. to have the proceedings as against him in the said calendar case quashed on the ground that even if the entire averments made by the prosecution were to be taken at their face value, no offence is disclosed.

(3.) MR . P. Jagadeesan, learned Counsel for the petitioner has taken me through the statements recorded during investigation from several witnesses. None of the witnesses implicated the petitioner in the crime. It is admitted by the prosecution that the petitioner was not present at the scene. It is also not the case of the prosecution that the petitioner had directed any particular work to be done on the fateful morning in a particular mode which could even prima facie indicate lack of due care and caution before permitting the labourers to undertake such arduous task.