HARI SURYAVANSHI Vs. STATE OF M.P.

JUDGEMENT

(1.) By this petition preferred under Sec. 482 of the Code of Criminal Procedure the petitioner/accused has prayed for quashment of FIR registered at Police Station Makdon, District Ujjain against him vide Crime No.238 of 2022 for offences punishable under Sec. 337 & 338 of the Indian Penal Code, charge sheet No.01/2022 and the consequential proceedings of the trial pending before the trial Court.

(2.) As per the prosecution, on 2/6/2022 a report was lodged by complainant Badrilal Bagari to the effect that he has been working as a helper in the electricity department at Rupakhedi for about three years. On 18/9/2021 at about 11:00 am he had reached the electricity office at Rupakhedi grid. There he was met by JE Harish Suryavanshi, the petitioner, who said that the electricity line of Rupakhedi is damaged and he has not repaired the same. The complainant said that when the lineman comes he will do the repair. The petitioner then told him that it is he who has kept him in the job and not the lineman and that he has taken the permit and the complainant should climb the pole and repair the line. The complainant then took his tools and climbed the pole and started working when the current from the electricity line hit him on his right hand and left leg as a result of which he fell down. He was taken to the hospital where he underwent extensive treatment for a considerable period of time and is still undergoing such treatment. The accident was a result of recklessness and negligence on part of the petitioner which has resulted in amputation of his right hand from below the joint.

(3.) On lodging of the report by the complainant, investigation was commenced by the Police during course of which statements of witnesses were recorded and documents were collected. Upon completion of the investigation, charge sheet has been filed before the Magistrate for the offences as referred to above of which cognizance has been taken by him.