YOGESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the above criminal applications are at the instance of original accused against whom crime has been registered for commission of offence under Ss. 304-A, 287 of the Indian Penal Code and under Ss. 12, 35, 67, 70 of the Electricity (Supply) Act, 1948 at Chalisgaon Road Police Station, Dhule. The crime therein and the consequential charge-sheet arising out of it are now sought to be quashed and set aside by way of instant applications by invoking the provisions under Sec. 482 of the Code of Criminal Procedure. As both above the applications are heard at one and the same time and are answered by learned APP at one and the same time, the same are dealt and disposed of by way of common Judgment. FACTS OF THE CASE IN BRIEF

(2.) On 17/5/2021 one Ashabai Rajendra Yeole, resident of plot No.E/D, Vijay Housing Society, Jaishankar Colony, Dhule, came out of the house at around 08:45 a.m. to dispose off garbage. While she was returning back, live electricity wire going overhead, got snapped and fell on the said lady. She got electrocuted and succumbed to it. The incident initially was reported as accidental death, but subsequently upon investigation, both above applicants are held responsible for the said episode being officials of the Maharashtra State Electricity Distribution Company Limited (MSEDCL) and accordingly are booked for above offences. The crime and consequent charge-sheet are now sought to be quashed and set aside. SUBMISSIONS ON BEHALF OF APPLICANTS IN BRIEF

(3.) Learned Advocate for applicant in Criminal Application No.2366 of 2021 would submit that admittedly applicant is official of MSEDCL and working as Technician. However, he is falsely involved as he is not responsible in any manner to the alleged accidental death. That the lady got electrocuted because of accidental fall of live electric wire which was due to heavy storm. Therefore, implication of applicant is baseless. Even complaint is delayed for which there is no explanation. Hence, for all above reasons, crime and charge-sheet are sought to be quashed and set aside.