MEWA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. seeking quashing of FIR No.67 dated 23.7.2013 for offence under Section 304-A IPC instituted at the instance of complainant - Balbir Kaur along with subsequent proceedings arising therefrom as well as order dated 17.3.2014 passed by Chief Judicial Magistrate, Mansa framing charge against the accused has been filed by Mewa Singh, who is an accused in the said FIR.

(2.) According to the petitioner, he has been falsely involved in the FIR in question and wrongly charge-sheeted by Chief Judicial Magistrate, Mansa; that Balbir Kaur - complainant had got some portion of her residence constructed in Ward No.8, Court Da Tibba, Mansa; that the construction was completed a month prior to filing of the FIR dated 23.7.2013; that an electrical line of 11 KV passes directly above the house of the complainant; that the family of complainant admittedly after constructing the house had themselves pulled up the electric wires by deploying ballies (wooden battons) under them; that about 5-7 days prior to the day of the incident, the petitioner had gone for inspection of the line since a fault therein was reported; that the wooden battons, which supported the electric wires of 11 KV had been removed leading to death of Rajwinder Kaur - daughter and Gurdev Singh - husband of complainant, who were electrocuted. According to the petitioner, he had not acted in a rash and negligent manner and cannot be blamed for electrocution of Rajwinder Kaur and Gurdev Singh since he is Junior Engineer in the Electrical Department of State of Punjab, as such he is a public servant; that in terms of Section 21 IPC, he could not be prosecuted without getting prior sanction from the government under Section 197 Cr.P.C.; that family of the complainant themselves removed the wooden battons when they came to know that it may cause damage to the line/grid and even if it is taken that petitioner had removed the wooden battons that was done in pursuance of discharging his duty i.e. to correct the fault lines; that the electric line in question has been in working condition for the past 20-25 years and at the time of installation of the line, there was no construction below that; that 11 KV line is laid with the help of poles having height of 9 metre so that the line may keep prescribed distance from the ground and no loss may be caused to life or property; that in the present case clearance of house and line decreased due to construction of house and family of complainant putting the battons unauthorizedly and thereafter removing the same; that as a matter of fact they were required to give written intimation to the municipal committee for the construction and also the department of the concerned wires, which they did not do; that the construction had been done illegally by complainant/her husband without obtaining permission from the municipal committee; that no site-plan was got approved from it; that Gurdev Singh was sent a notice No.2230 on 14.7.2011 by the department qua illegal construction but he refused to accept the notice; that in terms of Rule 82 of the Indian Electricity Rules, 1956, it is duty of the person raising construction to get the construction plan sanctioned to ensure safety; that no criminal offence is disclosed against the accused.

(3.) Notice of the petition was given to respondents. Although initially respondent No.2 had put in appearance in the Court but subsequently absented.