VISHNUPRASAD ISHWARSINH GADHVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 482 of the Code of Criminal Procedure, the applicants - original accused have prayed for quashing of the chargesheet, filed in connection with FIR being CR No. I. 54 of 2014 registered with Lunavada Police Station, for the offences punishable under Sec. 120B , 304 and 114 of Indian Penal Code, qua present applicants.

(2.) The incident in question occurred on 19/7/2014. It is the case of the prosecution that, deceased electrocuted by coming into contact with high tension electric line and died on the spot. It is alleged that, the applicants being a developers of the land, knowingly with all intention leave the high tension live wire on the land, whereby, committed the offence, culpable homicide not amounting to murder.

(3.) Mr. Mangukiya, learned counsel for the applicants would submit that, the FIR against the co-accused Mr. R.S. Shah and others already has been quashed by the co-ordinate bench of this Court vide order dtd. 29/1/2016 passed in Special Criminal Application (quashing) No. 304 of 2015. In such circumstances, case is squarely covered by the decision of co-ordinate bench and therefore, impugned FIR and consequential proceedings arising therefrom may be quashed.