M/S. PHILIPS LIGHTING INDIA LTD. (FORMERLY KNOWN AS PHILIPS INDIA LTD.) Vs. THE STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Heard the parties.

(2.) In this application, the petitioners have prayed for quashing the entire criminal proceeding in connection with Adityapur P.S. Case No.0165 of 2003 including the order dated 15.9.2016, passed by the learned Chief Judicial Magistrate, Saraikella, whereby and whereunder cognizance has been taken for the offence under sections 287, 304-A, 417, 418 and 420 of the Indian Penal Code.

(3.) Petitioner no. 1 is engaged in the business of providing comprehensive lighting solutions and is one of the largest manufacturers of luminaries in the world. Petitioner no. 2 is working in the petitioner no. 1 company in the capacity of Regional Sales Manager, Eastern Region. A work order dated 14.9.2002 was issued and petitioner no. 1 was entrusted with a work of supplying and erecting and commissioning of nine, 20 meters high mast light along Addityapur Kandra Road of Adityapur, District-Saraikella. Unfortunately, an accident was caused due to collapsing of 20 meter high mast light at Adityapur, which caused the death of one Mr. Anup Kumar, who was inside a car. The accident also caused damage to the nearby car. The complaint initially was sent to the police under section 156(iii) Cr.P.C. which led to institution of Adityapur P.S. Case No. 0165 of 200 After investigation, charge sheet was submitted and thereafter cognizance was taken by the learned Chief Judicial Magistrate.