Manoj Kumar Makhariya v. The State Of A.P. And Another

SMT. JUSTICE T. RAJANI CRIMINAL PETITION No.7687 OF 2012 ORDER:

The present Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner - accused seeking to quash the proceedings in Calendar Case No.130 of 2012 on the file of the learned Judicial Magistrate of First Class, Adilabad, registered for the offence punishable under Sections 304-A of the Indian Penal Code, 1860.

2. The allegations against the petitioner herein are that he did not take proper precautions with regard to Generator, and due to the same, when the deceased went to switch off the generator, her Saree entered into the generator's belt, as a result of which, she was dragged towards the wall and sustained head injury and later died.

3. The learned counsel for the petitioner submits that the deceased went into the generator room without any instructions and, hence, the petitioner cannot be found fault with. But, the charge sheet shows that there was no safeguard arranged to the generator. Hence, these are the questions of fact, which are to be decided, only after due trial.

4. Considering the above, the present Criminal Petition is dismissed

Consequently, Miscellaneous Petitions, if any, pending in the present Criminal Petition stand dismissed.

_______________________ SMT. T. RAJANI, J November 26, 2018 Mgr