RAJ KUMAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Dhananjay Kr. Dubey, learned counsel for the petitioners and Mr. P.C. Sinha, learned counsel for the State.

(2.) The petitioner has filed this quashing application for quashing the order taking cognizance dtd. 7/9/2010 passed by the learned Chief Judicial Magistrate, Koderma in Complaint Case No.327 of 2009, whereby, the learned Chief Judicial Magistrate has taken cognizance of the offence under Ss. 304-A of the Indian Penal Code against the petitioner, pending in the Court of Chief Judicial Magistrate, Koderma.

(3.) The lodging of the said complaint case was on the facts that the contractor Suresh Prasad Yadav had taken contract work for construction of one drain on the road near Shitla Mata Mandir at Devi Mandap Road and it has been alleged in the complaint case that it was responsibility of all the accused persons to look after the work of the drainage. It has been alleged in the complaint case that accused Suresh Prasad Yadav with the consent of all the accused persons had cut road and after digging on the middle road, the accused persons had not made any arrangement of security nor any barrier was made on the road. It has also been alleged in the complaint case that there was no arrangement of light near that place and entire responsibility of the security was on the accused persons. It has also been alleged in the complaint case that in the night on 3/6/2009, the father of the complainant Arjun Prasad Kapsime was going on a cycle to attend marriage ceremony by that road and he fell down on that pit, which was dug by the accused persons, due to which the father of the complainant sustained injury on his head and he died at that place. At the relevant time, the petitioners were Assistant Engineer and Junior Engineer in Jhumri Telaiya Municipality. In the complaint case, the learned court below has taken cognizance under Sec. 304-A I.P.C. against the petitioners and three other accused persons vide order dtd. 7/9/2010. Aggrieved with this, the petitioners have filed this quashing application.