K.Ganapathy v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.29501 of 2024 and Crl.M.P.No.16501 of 2024 K.Ganapathy ... Petitioner Vs.

1. State rep. by Inspector of Police Thiruvallur Taluk Police Station Thiruvallur District

2. S.E.Anandhan ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. praying to call for the records in Crime No.293 of 2024 on the file of the 1 st respondent police and quash the same.

For Petitioner : Mr.Pradeep Jayaraman For 1 st Respondent : Mr.S.Sugendran Additional Public Prosecutor 1/5

ORDER

This Criminal Original Petition has been filed by the petitioner to quash the FIR in Crime No.293 of 2024 on the file of the 1 st respondent police.

2. The case of the petitioner is that he is the owner of a proprietorship establishment namely Zen pains and Chemicals and its manufacturing company is located at SIDCO Industrial Estate, Kakkalur, Thiruvallur. On 31.05.2024 at about 4.00 p.m., fire broke out in the said location in which, three employees and one pedestrian died. Hence, the case in Crime No.293 of 2024 was registered against the petitioner based on the complaint given by the nd respondent who is the Village Administrative Officer, alleging that the petitioner failed to provide safety measures. The contention of the petitioner is that due to short circuit in the Air Conditioner unit, fire broke out and due to hazardous smoke from the fire, the victims fainted and were unfortunately caught in the fire. The petitioner has taken medical and life insurance for all his employees. Further, the petitioner voluntarily paid a sum of Rs.8 lakhs each to 2/5

the family members of the deceased persons including the pedestrian. The incident was only an accident and therefore, no criminal offence involved in this case. Hence, the FIR registered against the petitioner may be quashed.

3. The learned Additional Public Prosecutor submitted that already the investigation was completed and only the FSL report is awaited and that the charge sheet would be filed shortly.

4. Recording the submissions of the learned Additional Public Prosecutor, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed.

5. The respondent police is directed to file the charge sheet within a period of two months from the date of receipt of a copy of this order. 25.11.2024 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To

1. Inspector of Police Thiruvallur Taluk Police Station Thiruvallur District

2. The Public Prosecutor High Court of Madras 4/5

P.VELMURUGAN. J.

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