NILESHGIRI MULUGIRI GOSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed under Sec. 482 of the Criminal Procedure Code, 1973 with the following prayers.

(2.) Brief facts of the present case in nutshell are that the complainant was serving as Junior Engineer in Sub Division of Gujarat Electricity Board at Jetpur and when he was on duty on 11/5/2015, at that time, present applicant- accused No.1, who is the owner of the property, has given electricity connection bearing Customer No.89105/10171/9. That the applicant wanted to renovate the premises by way of constructing the pakka ceiling by replacing the iron sheet and, therefore, he has given the contract for the said work to the contractor namely Kantibhai Nathabhai Makwana. That, when slanting work was carried out by the employee of Kantibhai Makwana, the deceased working as labourer, was passing the iron rod towards standing over the slanting, at that time, the iron rod was touched to overhead electricity line of 11 K.V. passing over the premises owned by the applicant and due to electrocution, the deceased was shifted to the hospital, where he was died. That is how the First Information Report (FIR) lodged by the informant. It is further alleged that the applicant being owner and co-accused being the contractor have not taken any proper care and precaution nor they have informed to the Electricity Board to disconnect the power supply nor seek any prior permission and, therefore, they have committed the alleged offence and hence, impugned FIR being C.R.No.I - 79/2015 came to be registered with Jetpur City Police Station for the offence under Sec. 304 of the Indian Penal Code. The charge-sheet came to be submitted in the concerned Court against the accused persons, which was registered as Criminal Case No.1399 of 2015. The applicant has prayed to quash and set aside the impugned FIR and consequential registration of Criminal Case No.1399 of 2015 pending in the Court of learned Judicial Magistrate, First Class, Jetpur.

(3.) The Hon'ble Court was pleased to admit this petition vide order dtd. 22/9/2015 and granted ad-interim relief in terms of para-8(B).