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2018 DIGILAW 696 (ORI)

Gitashree Dey v. State Of Orissa

2018-07-30

S.K.SAHOO

body2018
JUDGMENT S.K. Sahoo, J. - The petitioner Gitashree Dey has filed this application under section 482 of Cr.P.C., 1973 for quashing the entire criminal proceeding in C.T. Case No.2254 of 2011 pending in the Court of learned Special Judicial Magistrate, Balasore in which as per the order dated 20.03.2012 on receipt of the charge sheet, cognizance of offence has been taken under section 337 of the Indian Penal Code. 2. The prosecution case, in short, is that the petitioner was the Headmistress of Shyam Sundar High School, Motiganj, Balasore and she asked the husband of the informant namely Sanatan Pradhan to prepare tea on 02.12.2011 and while preparing tea in the heater, the husband of the informant sustained injuries. The first information report was lodged by Tilotama Pradhan (opposite party no.2) on 03.12.2011 before the IIC, Balasore Town police station, Balasore and accordingly, Balasore Town P.S. Case No.348 of 2011 was registered under sections 341/506/337 of the Indian Penal Code and ultimately after completion of investigation, charge sheet was submitted under section 337 of the Indian Penal Code. 3. Mr. Suryakanta Dwibedi, learned counsel appearing for the petitioner contended that the petitioner has already retired from her service and even accepting the entire prosecution case for the sake of argument, the ingredients of offence under section 337 of the Indian Penal Code are not attracted and it cannot be said that the petitioner has acted in a rash and negligent manner by asking the husband of the informant to prepare the tea for which while preparing the tea, the later received some injuries. Learned counsel for the petitioner further submitted that the materials rather indicate that the petitioner offered Rs. 50/- (rupees fifty only) to the injured and asked him to bring tea from outside along with biscuits but instead of bringing the tea from outside, the husband of the informant tried to prepare the tea in a heater which was there in the school and he sustained injuries. It is further submitted that since mens rea is absent, the order of taking cognizance and issuance of process should be quashed. It is further submitted that since mens rea is absent, the order of taking cognizance and issuance of process should be quashed. Learned counsel for the State on the other hand submitted that the petitioner being the Headmistress of the school should not have asked the peon to prepare the tea in a heater as there was every likelihood of getting injured by coming in contact with electric current and therefore, the Investigating Officer rightly submitted charge sheet under section 337 of the Indian Penal Code and there is no illegality in the impugned order and therefore, the application should be dismissed. Section 337 of the Indian Penal Code deals with causing hurt by act endangering life or personal safety of others. The necessary ingredients are (i) hurt must have caused to a person (ii) the causing of hurt must be due to the act of the accused and (iii) such act must have been done with rashness and negligence. The materials available on record indicate that the petitioner asked the informant's husband to prepare the tea. By asking somebody to prepare the tea, it cannot be said that the petitioner had not done anything rashly or negligently. If the person concerned does not take proper care while preparing tea and got injured, it cannot be said that it was within the knowledge of the petitioner or that she had any intention to cause hurt to the injured person and therefore, I am of the humble view that the ingredients of the offence under section 337 of the Indian Penal Code are not attracted. Therefore, invoking my inherent powers under section 482 Cr.P.C., 1973 and to prevent the abuse of process, I am inclined to accept the prayer made by the petitioner and quash the entire criminal proceeding in C.T. Case No.2254 of 2011 pending before the learned Special Judicial Magistrate, Balasore. Accordingly, the CRLMC application is allowed.