SOMASHEKARAPPA Vs. STATE

JUDGEMENT

(1.) :- This criminal petition is filed under Section 482, Cr.P.C. praying to quash the proceedings initiated by the II Addl. C. M.M. Bangalore City in C.C. No. 9126/ 88 and now pending in C.C. No. 464 / 88, on the file of M. M. IV Court, Bangalore. The notice of the petition was given to the State and the learned Government Pleader appeared on behalf of the State.

(2.) I have heard the learned Counsel on both sides fully and perused the records of the case.

(3.) The learned Counsel for the petitioner argued as follows: That the learned Magistrate has issued process against the petitioner when there is no case made out against him. The petitioner was not entrusted with the duties of checking of feeder box and therefore he cannot be said to be a person liable to be summoned for an offence punishable under Section 337 of I.P.C. due to the burn injuries caused to the child witness by the hanging wire of a feeder box. Under Section 82 of Electricity (Supply) Act 1948 no prosecution can be launched for anything which is in good faith done or intended to be done under the Act. Therefore, the order of the learned Magistrate issuing process against the petitioner is a clear case of the abuse of the process of the Court and the same is required to be set-aside. On the basis of these arguments, he prayed for allowing this petition and to quash the proceedings initiated by the learned Magistrate against the petitioner.