Kalindra Roy v. The State of Assam and Anr

Judgment and Order (CAV)

¶1Heard Mr. B.C. Das, learned counsel for the petitioner as well as Mr. K.K. Das, learned Addl. P.P. for respondent no. 1.

¶2The 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. Page No.# 3/4

¶3The 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.

¶4The 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.

¶5Section 287 IPC reads:-

¶287Negligent 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.

¶6The 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.

¶7In 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

Page No.# 1/4 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 Page No.# 2/4 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.