VIJENDRA KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner is an accused standing trial for offence under Sections 304-A and 337 of the IPC. He is working as Junior Engineer in Chhattisgarh State Power Distribution Company Limited (CSPDCL). The aforesaid case has been registered against him on the ground that he acted rashly and negligently in performance of his legal duty while directing Negi Poyam and Goverdhan Thakur to climb over the electric pole in which electric current of 415 Volts and 11,000 Volts was already running by which Negi Poyam died and Goverdhan Thakur suffered injuries. In the said case, the petitioner filed an application under Section 197 of the CrPC which was rejected by the trial Court and also by the learned Sessions Judge, Kondagaon against which this petition under Section 482 of the CrPC has been preferred.

(2.) Mr. D.N. Prajapati, learned counsel appearing for the petitioner, submits that the petitioner is a Government servant and Section 197 of the CrPC would be applicable to him and therefore no charge-sheet can be filed against him without permission of the State Government. He relied upon the decisions of the Supreme Court in the matters of Anil Kumar and others v. M.K. Aiyappa and another (2013) 10 SCC 705, Manorama Tiwari and others v. Surendra Nath Rai (2016) 1 SCC 594 and L. Narayana Swami v. State of Karnataka (2016) 9 SCC 598to buttress his submission.

(3.) Mr. Rahul Jha, learned Government Advocate, appearing for the State / respondent, would support the impugned order and would oppose the petition.