LAXMAN PRASAD SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is the Registrar of Lalit Narain Mithila University (hereinafter the 'University '), Darbhanga. In this application u/s. 482 of the Code of Criminal Procedure (hereinafter the 'Code ') he seeks quashing of the order dated 2.8.97 passed by the learned Chief Judicial Magistrate taking cognizance against him u/s. 304 -A of the Indian Penal Code in Lalit Narain Mithila University P.S.Case No. 100 of 96 involving the death by electrocution of a girl student in a University hostel.

(2.) THE application is being .disposed of at the admission stage itself after hearing the learned counsel for the parties and on perusal of the case diary. Only such of the facts need be stated as are necessary for appreciating the controversy raised which revolve round the question whether the Registrar of the University could be criminally prosecuted

(3.) BOTH Sunita Kumari (informant) and her friend Archana Kumari (deceased) were students of the University and residing in Kamla hostel. On 15.7.96 at about 11.30 a.m. the informant and her friends all inmates of the same hostel were sitting and reading magazines. Meanwhile the deceased sustained electric shock while spreading her clothes after taking bath on the iron wire meant for the said purpose and on her shouts the informant saw the deceased' attached with the said wire. Thereafter one of them Sushma Kumari threw a Danda on the wire and consequently the deceased got detached from the wire and fell down. The deceased was unconscious. She was first taken to a Doctor and thereafter to an Arogya Niketan and on their advice was removed to the Darbhanga Medical College and Hospital where she was declared dead. The Fardbeyan giving the above description of the occurrence by Sunita Kumari was recorded on the very date of occurrence at about 1 p.m. in the hospital itself. The Fardbeyan further alleged that the officials of the University were informed both verbally and in writing of the leakage of the electric current in the iron wire in the hostel but they paid no need to the same and the death had been caused on account of their negligence. The police after investigation chargesheeted the petitioner and four others u/s. 304 -A I.P.C.