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THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.3306 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner- accused to quash the alteration memos dated 09.10.2022 and 11.02.2023 filed before the learned I Additional Judicial I Class Magistrate, Mancherial, in FIR No.151 of 2022 dated 15.08.2022 pending on the file of Station House Officer, Mandamarri Police Station, altering the section of law from 174 Cr.P.C. to 304-A of IPC and Section 174 of Cr.P.C. to 304-II of IPC.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent - State. Perused the material on record.
3. The 2nd respondent - de facto complainant filed a complaint stating that her husband is working in Sri Vasavi Para Boiled Rice Mill at Andugulapet and on 14.08.2022, due to blasting of boiler in the said rice mill, her husband died.
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4. Learned counsel appearing for the petitioner would submit that initially the FIR No.151 of 2022 was registered under Section 174 of Cr.P.C. It was subsequently found that the boiler blast was due to improper maintenance of broiler, for which reason the broiler blast occurred and prima facie, the petitioner who is the owner of the rice mill was found to be culpable under Section 304-A of IPC and accordingly, an alteration memo was filed on 09.10.2022. Later, another alteration memo was filed on 11.02.2023 altering the Section 174 of Cr.P.C. to Section 304-II of IPC, as there was no certification. He relied on the judgment of this Court in case of T.S. Prasad vs. The State of Telangana1. In the said judgment, under similar circumstances, this Court had quashed the proceedings against the petitioners.
5. Since the case is at the stage of the crime and the death of the deceased was on account of an accident, this Court deems it appropriate to direct the Investigating Officer in respect of FIR No.151 of 2022 of Mandamarri Police Station, Mancherial District, to conclude investigation without taking any coercive steps against the petitioner - accused, by considering the orders passed in Writ 1 Writ Petition No.5830 of 2016 3 Petition No.5830 of 2016. Further, the petitioner - accused shall co-operate with the Investigating Officer as and when required for the purpose of investigation.
6. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 04.04.2023 rev