BRAHMDEO PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Through this application the sole petitioner has prayed for the quashing of the entire criminal proceeding arising out of Giriyak P.S. Case No. 116 of 2004, G.R. No. 2026 of 2004 including the order dated 8.9.2005 passed by the learned Chief Judicial Magistrate, Nalanda at Biharsharif in the aforesaid case whereunder cognizance u/s. 304 of the Indian Penal Code has been taken.

(2.) It appears that on 7.11.2004, one Suresh Prasad Singh submitted the written report before the Officer Incharge Giriyak Police Station alleging therein that earlier that day at around 1.0.50 A.M. two minors, Nitish Kumar alias Gorey Lal, the grand son of his brother and Chandan Kumar alias Golu, were going from their house to their garden situated in Jiyan Khandha and en route when they reached near Burhiya Bagh Khandha suddenly the electric wire overhead carrying 11000 volts snapped and fell over on the two minors and as a result thereof they died immediately. On the basis of the aforesaid written report, Giriyak P.S. Case No. 116 of 2004 was registered under Ss. 287 and 304A of the Indian Penal Code against unknown electric mechanics and after due investigation the Investigating Officer finding no clue submitted a final form dated 30.4.2005.

(3.) It further appears that on 3.6.2005, a Protest-cum-Complaint Petition was filed by the informant in the Court of the learned Chief Judicial Magistrate, Nalanda at Biharsharif impleading the petitioner and three others inter alia alleging that 5 days prior to the occurrence there had been some interruption and sparking in the 11000 volts power line passing through Burhiya Bagh Khandha which the informant had reported to the people in Grid as also the Electrical S.D.O., Rajgir on the day of the occurrence when the aforesaid high voltage electric power line snapped and fell on the two minor children killing them. It was alleged that as soon as the power line snapped and fell on the two minors immediate telephonic message was sent to the Grid as also the accused persons about the occurrence but notwithstanding receipt of the telephonic message the power supply line was not disconnected and due to this negligence the two minors had lost their lives. It has also been alleged that the Investigating Officer in order to favour the accused persons had purposely suppressed the truth and had not recorded the statement of such witnesses who had seen the occurrence as also the persons who had informed the Grid. It appears that notwithstanding the Protest-cum-Complaint Petition the learned Chief Judicial Magistrate on 29.9.2005 differed with the final form submitted by the Investigating Officer and took cognizance under Ss. 304 of the Indian Penal Code only against the petitioner and another.