- (1.) QUASHING of FIR No. 57/05 under Section 304-A of Indian Penal Code and under section 29 (1) and under Section 50 (1) of Indian Electricity Rules, 1956, registered at Police Station Paschim Vihar, New Delhi, is sought by the petitioner in this petition.
(2.) CHARGE sheet has been filed in this case and its copy has been placed on record by the Petitioner, which reveals that on 21st January 2005, at about 8. 45 pm, one boy Anshul, aged about 15 years, lost his life due to electric burns by falling and bursting of a transformer of Delhi Vidyut Board, installed at sub-station of IFICI Colony at Paschim Vihar, Delhi. Father of the deceased as well as residents of the IFICI Colony, Paschim Vihar, Delhi, in their police statement have stated that the Petitioner was the supervisor of aforesaid sub-station of Delhi Vidyut Board and he was requested to get the main gate of the above said sub-station closed but he did not pay any heed and the main gate of this sub-station used to remain open and due to negligence of the Petitioner, this incident had happened.
(3.) LEARNED counsel for Petitioner contends that the ingredients of the offence under Section 304-A of the Indian Penal Code are lacking in this case and at best, it is a case of violation of the Electricity Rules. Attention of this court has been drawn to the charge sheet, to point out that the Vidyut Board had informed that no employee was responsible for this incident. Lastly, it is submitted that the Petitioner was not the Junior Engineer but was the Assistant engineer of Delhi Vidyut Board, when this incident took place and thus, the FIR in question is an abuse of the process of the court and it deserves to be quashed. Nothing else has been urged on behalf of the Petitioner.;