BHUVANESH RANJAN SHUKLA Vs. STATE OF M P

JUDGEMENT

(1.) Invoking the inherent powers of this Court enshrined under Section 482 of Code of Criminal Procedure Petitioner has preferred this petition for setting aside order dated 30.11.2009, whereby on filing of charge-sheet by police Station, Bahodapur, Distt. Gwalior, under the provisions of Section 190(1)(b) of Cr.P.C., learned Trial Court has taken cognizance against the Petitioner under Section 304A of IPC.

(2.) Facts in nutshell giving rise to this petition are that on the written information of Ramkumar concerning death of Meghnath due to electric current, Merg No. 55/2008 is registered at police Station, Bahodapur, and after merg enquiry, Crime No. 99/09 is registered against Petitioner and co-accused for the offence punishable under Section 304A of IPC. After investigation, charge-sheet has been filed before JMFC, Gwalior, and learned Trial Court has taken cognizance against the Petitioner giving rise to this petition.

(3.) It is contended by learned Counsel on behalf of the Petitioner that Petitioner is a job trainee in M.P.E.B. Gwalior. His office is situated at Shinde Ki Chhavni. His job is to sit in the office and deal with the complaints of fault of electricity. On such complaints, he used to send on the spot linemen and helpers to cure the fault. It is further submitted that some precautions are to be taken at the time of curing electricity fault and certain safety rules have been prescribed by M.P.E.B. for that purpose. These precautions are to be taken while working on the lines, sub-stations, switch gears etc. It is also specifically directed that what appliances are to be used by employees while working on polls and overhead lines as per Annexure P/2. This safety appliances book is provided to every linemen and their assistants who use to work in the field. It is strictly directed that all equipments provided by M.P.E.B. for safety of the staff are to be used by them. It is further contended by learned Counsel on behalf of the Petitioner that on 6.12.2008 when Petitioner was in his office, he received one complaint that transformer at railway station road, Ghosipura is burnt. Two linemen and two helpers were already working in some other area which is nearby Ghosipura, so Petitioner instructed co-accused Munna Khan lineman to cure the fault at Ghosipura also. He also directed that they should cure the fault after using safety appliances and following safety instructions issued by M.P.E.B. It is further contended that co-accused Munna Khan and his team have not complied with safety instructions issued by M.P.E.B. and have not used safety equipments while curing the fault of transformer situated at Ghosipura, as a result, Meghnath died due to electric current. Learned Counsel for the Petitioner submits that in these circumstances, it cannot be said that Petitioner is responsible for the death of the deceased or his death is caused by rash and negligent act of the Petitioner. Hence, proceedings of criminal case No. 15564/2009 so far as Petitioner is concerned are to be quashed.