S KALAYARASAN Vs. STATE

JUDGEMENT

(1.) A case has been registered against the petitioner and three other persons in Cr. No. 92 of 2004 for the offences punishable under Sections 304 (A), 338, 337 r/w 109 and 34 of I. P. C. by the respondent police. The first accused in the case was a contractor, who has taken contract for construction of a a ground level water tank in the Arunthathiyar Colony in Mittapatti Village in which the petitioner/second accused is an engineer, was assigned duty to supervise the day to day construction work. The third accused is the Extension Officer, fourth accused is the Block Development Officer. On 13. 3. 2004, the water tank busted causing death of two persons, grievous hurt to four persons besides simple injuries to 11 persons.

(2.) LEARNED Senior Counsel appearing for the petitioner streneously argued that the case registered against second accused/petitioner herein is not at all maintainable and the petitioner is falsely implicated in this case. He further submitted that the provision of law has been misquoted with regard to the petitioner.

(3.) LEARNED Senior Counsel appearing for the petitioner draws attention of this court to the order of this Court in Crl. O. P. No. 23653 of 2006 dated 19. 1. 2007 in which the proceedings against the third and fourth accused of this case have been quashed. He also pleaded on the strength of the decision of learned single Judge of this Court reported in 2007 (4) CTC 318 [karunakar, Capt. D. v. Tamil Nadu News Print and Papers Ltd. ,] wherein the following observations have been made: