P.D. Agrawal Vs State of Madhya Pradesh (Madhya Pradesh High Court)
Madhya Pradesh High Court held that FIR, registering offence u/s. 304-A, 34 of the IPC, against managing director of the company on account of failure in putting safety signs on either side of culvert so as to prevent any accident of road user justifiable.
Facts- FIR in Crime No.66/2005 was registered at Police Station Katangi, District Jabalpur for offence u/s. 304-A, 34 of IPC on the allegation that widening of a culvert was being done by the applicant/contractor. No warning sign was put by the contractor for giving any information to the commuters, as a result the deceased Charan Singh fell down in a ditch and lost his life.
Challenging the registration of FIR against the applicant, it is submitted by counsel for applicant that since the applicant is the Managing Director of the company and the offence was committed by the company, therefore, in absence of any provision under the IPC, the Managing Director cannot be made vicariously liable for the offence committed by the company. It is further submitted that even the company has not been made an accused.
Conclusion- Held that in present case there is a breach of safety by the company partially owned by the applicant as they had miserably failed in putting safety signs on either side of the culvert so as to prevent any accident of a road user. The accident took place on account of non-putting of safety signs, as a result the deceased went straight and fell down in a ditch resulting in his death. Considering the totality of the facts and circumstances of the case, this Court is considered opinion that no case is made out warranting.
