KAPILDEV PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of the parties.

(2.) The present application has been filed for quashing the order dtd. 5/2/2016 passed by learned Railway Judicial Magistrate, Sonepur, in connection with U.T. No. 119/2016 arising out of Muzaffarpur Rail P.S. Case No. 30/2015, where cognizance was taken for the offences under Sec. 287, 337, 338, 307, 435, 427, 119, 304/34 of the Indian Penal Code read with Ss. 154, 175 of the Railways Act.

(3.) Prosecution case in brief is that one Rakesh Kumar lodged a fardbeyan on 10/6/2015 at about 6.30 p.m. at Sadar Hospital, Muzaffarpur before the Police officer of Muzaffarpur G.R.P. stating therein inter alia that he has gone to Muzaffarpur Station and after purchasing tickets, he went at Platform No.-4 for boarding the train, namely Kavi Guru Train for going to Ludhiyana and he was sitting beneath passenger shed, near to a Pole marked with IMP545. At about 3.30 p.m., a wire of country liver angel in which electric current of 25 K.V. was flowing broke down, as a result of which electric current started flowing in IMP 545 pole, causing catching of fire on the platform, in which he as well as other (9 names given in the fardbeyan) received injuries including burn injuries. At that time, Rail Police Muzaffarpur acting promptly came at the platform and saved the passengers and brought them to Sadar Hospital, Muzaffarpur from where, some of the injured were referred to S.K.M.C.H. The electric wire is under the T.R.D. Department of Railways. Larsen and Toubro Company has installed poor quality of angel on the pole and there was negligent in electrification and similarly the maintenance department of O.H.E i.e. T.R.D. are not properly maintaining, suggesting negligent in discharging duty of person concerned, as a result of which he and other co-passengers received burn injury. There was no facility of primary health check up at the place of occurrence nor the electrical engineering department tried to switch off after the short circuit.