ANAND SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ANAND Singh, accused -petitioner, has invoked the inherent jurisdiction or this Court by way of an application under Section 482 of the Code of Criminal Procedure for quashing the criminal proceedings instituted against him in the Court of the Munsiff and Judicial Magistrate Sojat City for an offence punishable under Section 304A I.P.C.

(2.) THE facts leading to the presentation of this application may be stated as follows, On 31.1.1970, Anand Singh, petitioner, was working as incharge, Sojat City Sub Station, in the capacity of a Junior Engineer Under him about 15 persons were working including Surja Ram deceased, who was helper to Line man and C.C.A On that day a defect was discovered in 11 K.V. line coming from Bilara to Sojat. On this line there was a drop out fuse set provided near Ram Naca. As the line feeding Sojat City was faulty, Shri Anand Singh, Junior Engineer, accompanied by Laxman Ram. Line -man Surja Ram WC Bora Ram, Sheo Lal and Chunnilal casual labourers had gone to Ram Nada by a bus of Shri Ghewar Chand one of the consumers. Upon reacting there, Anand Singh, Junior Engineer, save instructions to Surja Ram deceased for cutting off one of the drop out fuses having barrel Surja Ram tried to cut off the barrel from the ground but he could not cut off drop out -fuse on account of cutting rod being small in size. He, therefore, climbed up the pole near barbed wire, which was wrapped on the pole and then cut off the drop out fuse After the drop -out fuse was cut off the Junior Engineer sold Surja Ram that as one fuse had already been blown off and one drop -out fuse had been cut, there would be no electric current. He directed Surja Ram to remove the barrel from the bolder to replace the barrel of the higher capacity. Surja Ram did accordingly. As soon as he touched the barrel, he got an electric shock and met with a fatal accident, After Surja Ram's death, his dead body was taken to police at police station, Sojat City, where a report of this incident was 'recorded in the daily diary of the police station by Head Constable Azim Khan. ON the basis of the report an inquiry was started under Section 174 of the old Criminal Procedure Code. During the course of the inquiry it was found that Surja Ram would not have died if Anand Singh, Junior Engineer and Laxman. Line man, bad not been guilty of rash and negligent act Hence a criminal case was registered under Section 304A. I.P.C. against Laxman and Anand Singh and thereafter was investigated into by the police After usual investigation into the case, the police submitted a charge sheet against Anand Singh petitioner only for the offence punishable under Section 304A. I.P.C in the court of the Munsiff Magistrate, Sojat The learned Magistrate proceeded to try Anand Singh petitioner, for the afore said offence The petitioner however, raised an objection that he cannot be prosecuted under Section 304A. I.P.C. without the sanction of the State of Rajasthan His objection was over ruled by the then learned Magistrate on 17.3.1972 Thereafter the trial proceeded further The petitioner again raised an objection that his prosecution is barred and illegal in the absence of a valid sanction of the Rajasthan State to prosecute him The learned Magistrate considered the above objection and was of the view that no sanction of the State Government to prosecute Anand Singh accused is required either under Section 197 of the Criminal Procedure Code or under Sub -section (2) of Section 56 of the Electricity Act. He consequently turned down the objection raised by the accused by his order dated 19.6.1974 Aggrieved by this order, Anand Singh, petitioner, has invoked the inherent jurisdiction of this Court for quashing the proceedings on the around of absence of valid sanction of the State Government for his prosecution.

(3.) AS stated earlier, the facts and the circumstances established by the prosecution in this case clearly reveal that the offence, if any was committed by the petitioner while acting or purporting to act in the discharge of his official duty. It is the case of the prosecution itself that the petitioner gave directions to Surja Ram deceased to set the line in order by cutting off one of the drop out fuses having barrel. Surja Ram made an attempt to cut off the barrel from the ground but he could not cut it off on account of toe cutting rod being small in size He, therefore climbed on the pole near barbed wire and cut off drop out fuse. Anand Singh then told Surja Ram that as one fuse was already blown off at d the drop out fuse also was cut off there would not be passing any electric current in the line He directed Surja Ram to remove the barrel from the holder to replace the fuse of the higher capacity. As soon as Surja Ram touched the barrel, he got the electric shock and met an instantaneous death. The directions were given by the petitioner to Surja Ram deceased in the performance of his official duty The short question that arises for determination, therefore, is whether Anand Singh cannot be prosecuted for an offence under Section 304A I.P.C without the sanction of the Rajasthan State either under Section 197 of the Code of Criminal Procedure or Sub -section (2) of Section 56 of the Electricity Act. In my humble opinion, sanction was required for the prosecution of the petitioner under Section 56 of the Electricity Act but not under Section 187, Cr.P.C., because the provisions of Section 197 of the Code are applicable only to such public servants as are removable from office by or with the sanction of the State Government or the Central Government. It is not disputed before me that Anand Singh is removable from office by the Chief Engineer, who is his appointing authority. He is not removable from his office, save by or with the sanction of the State Government nor the Central Government. Hence the qualified prosecution provided in Section 197 of the old Code Criminal Procedure does not apply to his case.