Crl.Pet./853/2018
2023 Latest Caselaw 2876 Gua

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GAHC010190372018




                                  IN THE GAUHATI HIGH COURT
                        (The High Court of Assam: Nagaland: Mizoram &
                                     Arunachal Pradesh)
                                      Crl. Pet. 853/2018


Kalindra Roy
(Not Kulendr Aroy As Mentioned In The Charge Sheet),
S/O Sri Parin Roy
Vill- Godharbari
P.S. Agia
Dist. Goalpara, Assam, Pin - 783120

                                      .................................... Petitioner

                        Versus
The State Of Assam And Anr.
Rep. By The Pp, Assam
2:Smti. Jonali Barman
W/O Bulbul Barman
Vill- Godharbari
P.S. Agia
Dist. Goalpara
Assam
Pin - 783120
M-703527557

                                      ............................ Respondents

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BEFORE

HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

Advocate for the Petitioner : Mr. B.C. Das

Advocate for the Respondent : Mr. K.K. Das, Addl. P.P.

Date of Hearing                     :     04.05.2023

Date of Judgment                    :    04.08.2023.



                                   Judgment and Order (CAV)

1. Heard Mr. B.C. Das, learned counsel for the petitioner as well as Mr. K.K. Das, learned

Addl. P.P. for respondent no. 1.

2. The petitioner, namely, Kalindra Roy, has filed this petition under Section 482 of the

Code of Criminal Procedure, 1973 (CPC for short) with prayer for quashing the proceedings of

G.R. Case No. 1341/2017 arising out of Agia P.S. Case No. 117/2017, registered under Section

287/338 IPC. The informant is arrayed as respondent no. 2. The FIR unfolds that on

02.07.2017 at about 1.00 P.M., the informant's husband Bubul Barman went for husking

paddy in the Husking Mill owned by Parin Roy. As Bubul Barman was pouring paddy, a pigeon

from Parin Roy's house came flying, which got the Gamocha worn by Bubul Barman stuck to

the fan and as a result Bubul Barman sustained grievous injuries on his belly. He was taken to

the nearest Primary Health Centre at Agia and thereafter, he was taken to the Goalpara civil

Hospital for treatment. From Goalpara Bubul Barman was referred to the GMCH for better

treatment. There was a delay in lodging the FIR, as the respondent no. 2 was busy with her

husband.

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3. The FIR was registered as Agia P.S. 117/2017, under Section 287/338 IPC.

Investigation commenced and finally, charge-sheet was laid against the petitioner under

Section 287/338 IPC. Notices were served upon the respondent no. 2 i.e. the informant but

the respondent no. 2 failed to appear.

4. The scanned copies of the LCR reflect that this case was pending at the stage of

appearance. The charge was yet to be framed against the petitioner.

5. Section 287 IPC reads:-

287. Negligent conduct with respect to machinery.--Whoever does, with any

machinery, any act so rashly or negligently as to endanger human life, or to be likely to cause

hurt or injury to any other person, or knowingly or negligently omits to take such order with

any machinery in his possession or under his care as is sufficient to guard against any

probable danger to human life from such machinery, shall be punished with imprisonment of

either description for a term which may extend to six months, or with fine which may extend

to one thousand rupees, or with both.

Section-338 IPC reads:- Causing grievous hurt by act endangering life or

personal safety of others:- Whoever causes grievous hurt to any person by doing any act

so rashly or negligently as to endanger human life, or the personal safety of others, shall be

punished with imprisonment of either description for a term which may extend to two years,

or with fine which may extend to one thousand rupees, or with both.

6. The FIR marked as Annexure-1 does not make out a case under Section 287/338 IPC.

No overt act was attributed to the owner of the husking mill i.e. Parin Roy. Parin Roy has

passed away and son Kalindra Roy is present on his behalf. The FIR does not prima facie Page No.# 4/4

incriminate that Parin Roy was responsible for the injuries sustained by the informant's

husband. No injury report is also available in the LCR, suggesting that the informant's

husband sustained grievous injuries. It appears that further proceedings will be abuse of the

process of the Court.

7. In view of my forgoing discussions, I deem it to proper invoke the inherent jurisdiction

under Section 482 Cr.P.C and quash, the criminal proceeding of G.R. Case No. 1341/2017

arising out of Agia P.S. Case No. 117/2017, under Section 287/338 IPC.

JUDGE

Comparing Assistant