- (1.) HEARD the parties. This application has been filed for quashing of the entire criminal proceeding of Baghmara (Mahuda) P.S. Case No.179 of 2010, including the order dated 5.01.2011, whereby and whereunder, cognizance of the offences punishable under Sections 379 and 304 of the Indian Penal Code has been taken against the petitioner, a Project Officer, B.C.C.L. It is the case of the prosecution that when the step-mother of the informant was extracting coal from a colliery, over-burden earth and stone fell on her, as a result of which, she died. On such allegation, case was lodged on a premise that since safety measures had not been taken to prevent such kind of occurrence, this occurrence has taken place.
(2.) ON such allegation, a case was registered as Baghmara (Mahuda) P.S. Case No.179 of 2010 under Sections 379 and 204 of the Indian Penal Code. After submission of charge-sheet, cognizance of the offences was taken against the petitioner, which is under-challenge in this application. Learned counsel for the petitioner submits that taking the entire allegations levelled against the petitioner to be true, no offence is made out either under Section 379 or 304 of the Indian Penal Code and hence, entire criminal proceeding including the order taking cognizance is fit to be quashed. Learned counsel appearing for the petitioner further submits that in similar situation, the case of the co-accused has already been quashed vide order dated 7.08.2012, passed in Cr.M.P. No.1601 of 2011. As against this, learned counsel for the State submits that the petitioner was required to take preventive measures to obviate that kind of occurrence but no such preventive measures had been taken and, therefore, the court has rightly taken cognizance of the offence under Section 304 of Indian Penal Code. It was admitted that no offence under Section 379 of the Indian Penal Code is made out against the petitioner. In context of the submission, it has to be considered as to whether allegation does constitute offence under Section 304 of the Indian Penal Code. Section 304 of the Indian Penal Code reads as follows :- 304. Punishment for Culpable homicide not amounting to murder :- Whoever commits culpable homicide not amounting to murder, shall be punished with [imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death". In the instant case, there has been absolutely no allegation that on account of certain act being done, over-burden earth and stone fell on the person of the deceased as a result of which, she died rather it is the case of the informant itself that when his step mother had gone for extracting coal from a colliery, over-burden earth and stone fell on her. In such situation, offence under Section 304 of the Indian Penal Code never gets attracted.
(3.) ACCORDINGLY , the entire criminal proceeding of Baghmara (Mahuda) P.S. Case No.179 of 2010 (G.R. No.2775 of 2010), including the order dated 5.01.2011 under which cognizance of the offences punishable under Sections 379 and 304 of the Indian Penal Code has been taken against the petitioner, is hereby, quashed. In the result, this application stands allowed.;