RADHEY SHYAM PADIA Vs. STATE OF U P

JUDGEMENT

(1.) VIRENDRA Saran, J. Learned coun sel for the applicant and learned State counsel are agreed that this revision may be finally disposed of.

(2.) THE applicant has been charge-sheeted in Case Crime No. 153 of 1994, under Section 288/304-A, I. P. C. of Police Station Dasashwamedh, District Varanasi and the case is now pending in the Court of III Additional Chief Judicial Magistrate, Varanasi as Criminal Case No. 736 of 1996.

(3.) IN the instant case there is nothing to show that the applicant's act was rash or negligent in any manner, which may attract Section 3g4-A, I. P. C. Similarly the ingredient of Section 288, I. P. C. are also wanting because there is not even an allegation that the applicant had knowingly or negligently omitted to take such order with that building as was sufficient to guard against any probable danger to human life. IN the instant case the masons were working to repair the house and there is not even a whisper that the repairing work was of dangerous character. IN fact the wall had fallen down accidentally.