JUDGMENT : (Prayer: Criminal Original Petition filed under Sec.482 of Criminal Procedure Code, to call for the records in C.C.No.139 of 2022 on the file of Judicial Magistrate-II, Pollachi and quash the same.) 1. This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.139 of 2022 on the file of Judicial Magistrate-II, Pollachi. 2. Heard both sides. 3. The petitioner herein is ranked as A2 in the F.I.R. lodged in Crime No. 87 of 2021 registered for an offence under Sec. 337 and 304(A) of I.P.C. based on a complaint lodged by the 2nd respondent/defacto complainant. Subsequently, the charge sheet has been filed and the same was taken on file in C.C.No.139 of 2022 on the file of Judicial Magistrate-II, Pollachi and the same is pending. Now, the petitioner had filed this petition praying to quash the proceedings in charge sheet. 4. As per the complaint, on 05.04.2021 at about 11.45 a.m. during road work was in progress in concrete mixer, which was operated by A2 Rajesh had some mechanical problem, due to which, the same was struck a high tension wire, on account of which one of the person viz., Sujay Biswa along with Build Haldhar were sustained serious injuries. Out of which, Build Haldhar died on the spot. Therefore, based upon a complaint given by father of deceased, F.I.R. was lodged and final report was filed in C.C.No.No.139 of 2022 for an offence under Sec. 337 and 304A I.P.C. against this petitioner, who is manager of company viz., DP Jain Pvt. Ltd. and the second accused, who operated the said JCB vehicle for the purpose of concrete mixer. Challenging the said final report, as one of the accused approached this court praying to quash the proceedings. 5. The learned counsel for petitioner would submit that this petitioner is Manager of the said company and he was falsely implicated in this case as if he has also committed offence along with A2. In fact, he is a paid servant under the company. Instead of adding the company as accused, he was implicated as first accused, as such, is totally erroneous one. Furthermore, he has also resigned from the company on 14.05.2021 and as such he was not involved in the alleged occurrence. So, the proceedings initiated against him as such is vexatious one and the same is liable to be quashed. Instead of adding the company as accused, he was implicated as first accused, as such, is totally erroneous one. Furthermore, he has also resigned from the company on 14.05.2021 and as such he was not involved in the alleged occurrence. So, the proceedings initiated against him as such is vexatious one and the same is liable to be quashed. Accordingly, he prayed to quash the proceedings against this petitioner. 6. The learned Government Advocate (Crl. Side) appearing for 1st respondent would submit that as a manager, he is also entitled to look after the work going on the field, but the alleged accident was happened while JCB vehicle was negligently operated by A2, due to which high tension wire was struck, thereby two of workers were sustained injury and one of worker died on the spot. Hence, the alleged negligence is on the part of all the accused. Hence, he prayed to dismiss this petition. 7. Records perused. On perusal of records, it reveals that this petitioner is Manager of company, but as rightly pointed out by petitioner's counsel that company was not added as party, however, on the side of petitioner, they have produced the report, which reveals that the company has deposited an amount of Rs.12,28,830/- towards compensation along with interest and the amount was deposited as per Sec.8(1) of Workmen Compensation Act, 1923. Therefore, the company has deposited the compensation as per the Workmen Compensation Act on 21.07.2002 and it also reveals that due to the dispute between petitioner and father of deceased, who is having two wives, so far the amount was not withdrawn. Admittedly, the deceased was unmarried. 8. Considering all the facts and circumstances as well as the fact that the petitioner was employed in the company and there is no material ingredient against this petitioner that he has also committed the offence and there is a negligence on his part. Furthermore, there is no material records produced on the side of prosecution that he was also present at the scene of occurrence, but the case of prosecution reveals that the vehicle was erroneously operated by A2 Rajesh. So, there is no material ingredient against this petitioner and the charge sheet is liable to be quashed. Furthermore, there is no material records produced on the side of prosecution that he was also present at the scene of occurrence, but the case of prosecution reveals that the vehicle was erroneously operated by A2 Rajesh. So, there is no material ingredient against this petitioner and the charge sheet is liable to be quashed. Accordingly, this Criminal Original Petition is allowed and the proceedings initiated in C.C.No.139 of 2022 on the file of Judicial Magistrate-II, Pollachi is quashed as against this petitioner alone. Consequently, the connected Criminal Miscellaneous Petitions are closed.