VIMAL KUMAR PANCHAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant Criminal Misc. Petition under Sec. 482 Cr.P.C. challenge is made to the order dtd. 16/9/2013 passed by the learned Additional Chief Judicial Magistrate, Banswara in FR No.17/2009 (pertaining to FIR No.112/2009 registered at the Police Station Sadar, Banswara) whereby the learned Magistrate took cognizance of the offence and issued process against the petitioner and the order dtd. 1/12/2015, passed by the learned Additional Sessions Judge, Banswara in Criminal Revision Petition No.38/2015 whereby the learned Judge dismissed the revision petition preferred by the petitioner.

(2.) I have heard learned counsel for the petitioner as well as learned Public Prosecutor and learned counsel for the respondent No.2. Perused the order under assail and relevant material.

(3.) On careful perusal of the material, it is reflecting that Ms. Anita got hurt by the shock of electric current emitting from the wire lying on the road. After thorough investigation, a negative final report came to be submitted by the official concerned with the observation that due to heavy thunder storm, the wire of 132 KV broke and fell down on the road suddenly as a consequence of which, the victim sustained injuries. It was the definite report that the employees of electricity department were not responsible for the said accident and thus, a negative final report got submitted by the concerned officials in the Court below.