PRADIP KUMAR MOHANTY, J. - (1.) This is an application under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceedings initiated against the petitioners in connection with G.R. No. 460 of 2003, arising out of Adityapur Police Station Case no.0165 of 2003 for the offences under Sections 287, 304A, 417, 418 and 420 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Saraikella-Kharsawan.
(2.) From perusal of the materials available on record, it appears that opposite party no.2 initially filed a complaint case being C-1 Case No.55 of 2003 in the court of Chief Judicial Magistrate, Saraikella alleging that the accused persons supplied the materials of inferior quality and deployed bad workmanship for erection, installation and commissioning of twenty meters high mast lights( nine in numbers) along the area of Adityapur-Kandra road, though they were paid the agreed price of Rs. 43,55,100/- as per the contract. The defects having been noticed by the complainant, a letter was also sent to the accused persons on 9.5.2003 to remove the defects. It is further alleged that on 22nd May, 2003 one high mast light which was created, installed and commissioned near Adityapur Taxi-Maxi stand by the accused persons, collapsed and fell down on one Ambassador Car, which was standing at the parking place and two persons sitting in the said car got injured and one of them, namely, Anup Kumar Das, succumbed to the said injuries on 23.5.2003. It is further alleged that by the said act of the accused persons, the complainant has been cheated to the extent of Rs. 43,55,100/-. It is also alleged that death of Anup Kumar Das and injury to another person was due to the negligence in installation, erection and commissioning of the high mast lights.
(3.) The said complaint was sent to the police station for instituting a regular police case under Section 156(3) Cr.P.C., and for its investigation, where it was numbered as Adityapur P.S. Case No. 165 of 2003.;