(1.) This application under Sec. 482 of Cr.P.C. has been filed seeking following reliefs:
(2.) It is submitted by counsel for applicant that FIR in Crime No.66/2005 was registered at Police Station Katangi, District Jabalpur for offence under Ss. 304-A, 34 of IPC on the allegation that widening of a culvert was being done by the applicant/contractor. No warning sign was put by the contractor for giving any information to the commuters, as a result the deceased Charan Singh fell down in a ditch and lost his life.
(3.) The undisputed fact is that the contract was being executed by the applicant. The contract was originally awarded to TDM Infrastructure Pvt. Ltd, who sublet the said contract to M/s. P.D. Agrawal Infrastructure Ltd. and it is the case of applicant that he is the Managing Director of M/s. P.D. Agrawal Infrastructure Ltd. It appears from the order sheets of the Court below that the charge sheet was filed under Sec. 299 of Cr.P.C. by declaring the applicant as absconder and ultimately by order dtd. 30/3/2010, a perpetual warrant of arrest was issued. However, it is submitted by counsel for applicant that the applicant was granted anticipatory bail by order dtd. 6/11/2006 passed in M.Cr.C. No.7204/2006. Thus, it is clear that applicant never appeared before the investigating officer or before the trial Court and ultimately he was declared absconder by order dtd. 30/3/2010. However, it is submitted by counsel for the applicant that on 23/10/2018, the applicant surrendered before the trial Court and the case is being adjourned by the trial Court awaiting final order of this Court.