RIZWAN KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition has been filed under Section 482 of Cr.P.C, challenging the order dated 21.11.2017 passed by the ASJ, Nagda in Cri. Revision No.185/2017 whereby the order of JMFC Nagda dated 19.7.2017 was affirmed as per which the application filed by the applicant seeking discharge was rejected.

(2.) As per prosecution story, the applicant was Assistant Engineer in Electricity Distribution Company. On 20.9.2016, deceased Surendra @ Mukesh was a lineman was brought in MPEB Vehicle allotted to the applicant in Unhel Hospital for treatment of injuries sustained because of electrocution. The applicant was requested that Mukesh be carried to Ujjain in the Official vehicle allotted to the applicant. The applicant refused to oblige and subsequently injured was carried in ambulance to Ujjain, but was declared dead.

(3.) The accusation against the applicant was that by refusing to provide the official vehicle, the applicant has committed culpable negligence, which is punishable under Section 304A of IPC. Learned counsel for the applicant points out that the vehicle was not private vehicle of the applicant and he was not authorized to take the vehicle to Ujjain and no impropriety was committed by the applicant in refusing transporting the injured to Government Hospital at Ujjain in his official vehicle.