RAMESH CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Being aggrieved and dissatisfied with order dated 21.5.2018, passed by the learned Chief Judicial Magistrate, Chamba, District Chamba, Himachal Pradesh in Criminal Case No. 258/2015 titled as State of HP vs. Atma Ram and others, whereby learned Court below has proceeded to issue notice of accusation against the petitioner-accused, for having committed offences punishable under Sections 336 and 304A IPC, present petitioner has approached this Court in the instant proceedings, for quashing of the aforesaid order.

(2.) Briefly stated the facts of the case borne out of record are that on 1.7.2015, deceased Vikas Kumar alias Banti, came in contact with 11 KV electricity wires, as a consequence of which, he fell on the ground and ultimately succumbed to the injuries. On the basis of statement of the complainant, Sudesh Kumar, police registered an FIR. After completion of the investigation, police presented Challan in the competent Court of law.

(3.) During investigation, police found that co-accused Atma Ram had moved an application to the Electricity Board in the year 2004, praying therein to shift the electricity pole erected near the site, on which he proposed to raise construction. Electricity Board by way of notice dated 18.6.2004, apprised Atma Ram with regard to consequences of raising construction without obtaining permission from the Electricity Board. However, the fact remains that subsequently, Electricity Board shifted the electricity pole to other place through contractor, Punnu Ram. Allegedly, Atma Ram continued construction work and again without intimating Electricity Board extended construction work under the Electricity line, which at one point of time was shifted to another place. Police further found that accused Chokas Ram was posted as a Lineman in the area. Though application for shifting Electricity pole was preferred in the year 2004, but the same was shifted by the Board through Contractor Punnu Ram, in the year 2010, whereafter, coaccused Atma Ram added one another room and latrine underneath the 11 KV lines. Lineman Chokas Ram, who was on duty in the month of Oct., 2012 and J.E. Ramesh Chand (present petitioner) failed to inform higher authorities in this regard. As per investigation, on 19.5.2015 accused Atma Ram again moved an application to shift the 11 KV line, whereupon Assistant Engineer, Mukesh directed Junior Engineer (present petitioner) to inspect the spot and report, but since no notice was issued to Atma Ram, police found present petitioner, Atma Ram and Lineman Chokas Ram to have acted in negligent manner and accordingly, registered case against them.