KUSHAL S/O PARASRAM BOPCHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Counsel for the parties. Rule. Rule is made returnable forthwith.

(2.) The applicants have approached this Court under Section 482 of the Code of Criminal Procedure Code for quashing the First Information Report (FIR) registered at Police Station, Tirora, Distt. Gondia vide C.R. No. 166 of 2012 for offences punishable under Sections 304, 201 r/w 34 of the Indian Penal Code and Section 135 of the Electricity Act, 2003.

(3.) The case of the applicants is that the applicants are the owners of agricultural land admeasuring 32 acres, situated at village Kacchekhani, which is used for agricultural purpose, and a Farm House is also built on the said land. According to the applicants, it is looked after by their servants. The applicants have stated that on 2nd of September, 2012 one Digambar Rahagandale trespassed into the land of the applicants and came in contact with electricity wire installed near the fencing of the land due to which he died. Deoraj Rahagandale, brother of deceased Digambar, lodged report at Police Station, Tirora pursuant to which C.R. No. 166 of 2012 was registered. According to the applicants, FIR does not show that they had intention or knowledge to cause death of Digambar and as such the contents of the FIR does not, on the face value, make out any case for prosecution of the applicants under Sections 304, 201 r/w 34 of the Indian Penal Code and 135 of the Electricity Act, 2003, as the necessary ingredients of the above referred provisions are not found in the complaint.