MADHURI PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this writ petition, the petitioner seeks quashment of FIR No.79/2015 registered at Police Station-Kusmunda, Out Post-Hardibazar, District Korba for offences punishable under Sections 287, 337 and 304A of the IPC and also seeks quashment of charge-sheet filed before the Judicial Magistrate First Class, Pali, District-Korba in Criminal Case No.133/2015 for the aforesaid offences.

(2.) The petitioner herein is Junior Engineer working in the office of Chhattisgarh State Power Distribution Company Limited (for short 'CSPDCL'), Hardibazar, District Korba. On 15.4.2015, FIR No.79/2015 has been registered at Police Station-Kusmunda for the aforesaid offences against the petitioner. As per prosecution case, on 10.4.2015 at 3.45 p.m. one Reshamlal Anant (since deceased) received electric burn injuries when he was connecting electricity line in transformer situated at village Bhathora, District-Korba, he was immediately hospitalized at District Hospital, Korba and thereafter on the same day, referred to Apollo Hospital, Bilaspur where he succumbed to the injuries and died on 15.4.2015 at 4.50 p.m. On the same day, Mr.Ashwani Kumar Anant, son of the deceased, lodged a written complaint alleging that deceased Reshemlal Anant had been working as electrician for 20 years under the contractor of Electricity Department, however, the service of deceased Reshamlal Anant was being taken by the petitioner for last four months as on the date of incident the deceased was directed by the petitioner to connect electricity line without any safety instruments and equipments and due to negligence of the petitioner, deceased Reshamlal Anant suffered electric burn injuries and died. It is also alleged in the FIR that the petitioner is wholly responsible for the aforesaid incident and after due investigation, the respondent-police has submitted charge-sheet before learned Judicial Magistrate First Class, Pali and the trial is in progress.

(3.) Now this writ petition has been preferred by the petitioner on the ground that even if taking the allegations made in the FIR at their face value and accepted in their entirety, allegations do not prima-facie constitute any offence against the petitioner particularly offence under Section 304A of the IPC. It has also been stated that the petitioner is Government servant within the meaning of Section 197 of the CrPC and without prior permission from the appropriate Government/State Government under Section 197 of the CrPC, the petitioner could not have been charge-sheeted and cognizance of the offence cannot be taken against the petitioner for the aforesaid offences, as such, FIR and consequent charge-sheet filed against the petitioner deserve to be quashed.