RISHI KUMAR SHARMA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The petitioner has preferred the present petition under Section 482 of Code of Criminal Procedure, 1973 (hereinafter after referred to as "Cr.P.C.") seeking quashing of FIR No.630/2005 under Section 304A IPC registered at P.S. Shalimar Bagh, Delhi.

(2.) The contextual facts of the case are that the complainant, Mr. Kanhiya Lal is doing the work of Raj Mistri (mason) and he along with Smt. Shanti, wife of his brother was working at CP-76, Pitam Pura, Delhi on 31.07.2005. At about 11:15 a.m., the complainant was shuttering water tank on the roof of third floor and one of his coworkers, Sukhi Lal was handing over the iron rods to Shanti on the second floor. While catching the iron rods, one iron rod touched the electric wire and Shanti got an electric shock. Due to which, she became unconscious and was immediately rushed to Muni Maya Ram Hospital where doctor declared her brought dead. Smt. Shanti and Kuldeep had told the owner of the house, Mr. R.K. Sharma before lifting the iron rods to the top floor that no safety precautions are being taken but the owner replied that "nothing will happen, you keep doing your work".

(3.) On 31.07.2005, FIR No.630/2005 under Section 304A IPC was registered at the instance of complainant, Kanhiya Lal. On completion of investigation, charge-sheet was filed on 24.05.2008. Vide order dated 05.09.2013, learned trial court took cognizance and the accused persons were summoned.