R C TRIVEDI Vs. A H PARANJAPE

JUDGEMENT

(1.) Both these matters involve a common question of law with hardly any difference in the facts and, therefore, they have been heard together and are being disposed of by this common judgment.

(2.) Respondent No. 1, A. H. Paranjape in his capacity as Asstt. Electrical Inspector, I. & E.L. Department, filed a complaint against the two petitioners alleging breach of R. 44-A of the Indian Electricity Rules punishable under R. 141 of the said rules in Criminal Case No. 219/S of 1978 which forms the subject-matter of Criminal Application No. 229/81 and alleging breach of Rr. 64(2)(a), (e) and (f) of the Indian Electricity Rules punishable under R. 141 of the said rules in Criminal Case No. 218/S/78, which is the subject-matter of Criminal Application No. 228/81. In Criminal Case No. 219/S of 1978 it was alleged that a non-fatal accident occurred to one Mr. Manhar B. Desai on the installation belonging to M/s Calico Chemicals Plastics and Fibres Division of Anik-Chembur, Bombay-74 at about 7 p.m. on July 4, 1977 while the said Manhar B. Desai a machine operator was engaged in doing rethreading of PVC film on the unwinding unit of the printing machine at about 6-30 p.m. along with one Hari Sonu Ghanekar, a helper. R. 44-A of the Indian Electricity Rules provides for an intimation of accident and for the making of reports to the relevant authorities within 24 hours and 3 hours respectively. The breach of R. 44-A is punishable under R. 141 with a fine which may extend to Rs. 300/-, and in case of a continuing breach with a further fine which may extend to Rs. 50/- every day. It appears that in Criminal Case No. 219, the breach consisted of not giving the necessary intimation and not making the necessary report according to R. 44-A, immediately after the accident to Manhar B. Desai on July 4, 1977. It is thus clear that the offence was complete immediately on failure to give the relevant intimation and report.

(3.) In Criminal Case No. 218/S of 1978, it was alleged that the non-fatal accident occurred to one A. K. Podar on the installation of M/s. Calico Chemicals. Plastics and Fibre Division. Anik Chambur, Bombay 74, on April 11, 1977 at 7-45 a.m. R. 64(2)(a), (e) and (f) provide for the making of certain provisions when the energy at high or extra high voltage is supplied, converted, transformed or used. It was alleged that an omission to make these provisions resulted in the causation of an accident to A. K. Podar and this omission or breach of the relevant rules was again punishable under R. 141. It was alleged that the two petitioners having failed to observe the provisions of R. 64(2)(a), (e) and (f) on July 4, 1977 were guilty of an offence punishable under R. 141.