SONERAM Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure whereby the applicant required this Court to quash the proceedings in Criminal Case No. 83/2000, pending in the Court of Judicial Magistrate, First Class, Sihora.

(2.) IT appears that the applicant has been charged with offences under Section 287 as well as Section 338 of JPC on the basis of charge-sheet filed by Majhouli Police Station in the Court of Judicial Magistrate, First Class, Sihora. The FIR filed along with the charge-sheet shows that the applicant had given a thrasher on hire on 17-3-2000 at about 10. 00 to 10. 30 P. M. to Smt. Pramod Devi Paliwal. There was an accident in which Prahlad Nai suffered an injury. His left hand got severed from the wrist joint. It appears that the charge against the applicant is that he was required to supervise running of the machinery himself or to appoint some competent person. In failing to do so he was culpable within the meaning of Section 287 of IPC as well as Section 338 thereof. Section 287 of IPC reads as under :-

(3.) IT is apparent from the above section that the applicant cannot be held guilty of the first part of Section 287 of IPC as he was not present at the spot when the alleged accident occurred. However, the prosecution in its wisdom thinks that the applicant was bound to take such care as was necessary to guard against any probable danger to human life from such machinery. However, this care has to be taken, according to second part of Section 287, IPC, by the person who is holding possession or is caretaker thereof.