BIPUL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. This is an application for quashing the order dated 24.9.2005 passed by the learned Sub divisional Judicial Magistrate, Nawadah by which the Court took cognizance for the offence under Section 304 of the I.P.C. The application also seeks for quashing the entire criminal prosecution in G.R. No. 2661 of 2004/ 2485 of 2005 arising out of Nawadah Town P.S. Case No. 360 of 2004 dated 13.12.2004 under Section 304 of the I.P.C.

(2.) ON 13.12.2004 one Sabo Devi lodged a fardbeyan alleging therein that the petitioner came to the informant's house and told the informant's husband that there was break down of electricity in his house. The allegation is that the petitioner forcibly took the informant's husband who was electric "mistry", for repair of the electric line from the transformer. The husband of the informant, namely, Indradeo Bishwakarma @ Khokha Mistri while reparing the electric line got electrocuted and died. In the aforesaid fardbeyan, it is stated that the tenant Baishakhia Devi was present when the deceased was forcibly taken by the petitioner.

(3.) IT has been submitted on behalf of the petitioner that the petitioner was posted as Medical Officer Incharge of Primary Health Centre, Atari, in the district of Gaya and at the alleged time of occurrence he was as usual working there and was not even present there at the place of occurrence and he has been falsely implicated in this case. IT is submitted that the deceased himself climbed on the transformer for doing some work and when he suffered electric shock in the process, he died and at the behest of some mischief monger the informant implicated the petitioner. The postmortem of the deceased was done on 13.12.2004 itself by the Medical Officer Incharge, Sadar Hospital, Nawada and the doctor found that the death took place on account of electric shock and burn.