Case Note & Summary
The petitioner, Krishna Kalangutkar, an Assistant Linesman in the Electricity Department, Bicholim, Goa, filed a criminal writ petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No.187 of 2006 and the consequent chargesheet filed under Section 304-A of the Indian Penal Code, 1860 (IPC) in Sessions Case No.49 of 2014 pending before the Fast Track Court/Additional Sessions Court, Mapusa. The FIR was registered following an incident on 30/11/2006 where a person died due to electrocution. The petitioner contended that on 25/11/2006, load re-shuffling was arranged by the Junior Engineer, and the petitioner along with other staff was present. The Junior Engineer had taken line clearance from individual transformer centres and instructed one Bhagwan Gaonkar to open jumpers. The petitioner was not directly involved in the act that caused the death. The State opposed the petition. The High Court of Bombay at Goa, comprising Justices F. M. Reis and Nutan D. Sardessai, heard the matter. The court examined the material on record and found no evidence to suggest that the petitioner committed any rash or negligent act. The court noted that the petitioner was merely following instructions from the Junior Engineer and that the death occurred due to electrocution while working on the line. The court held that continuing the proceedings would be an abuse of the process of law. Consequently, the court allowed the petition, quashed the FIR, chargesheet, and all consequential proceedings including the order issuing process and framing of charge.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Lack of Prima Facie Case - Petition under Section 482 CrPC seeking quashing of FIR No.187/2006 and chargesheet under Section 304-A IPC - Court held that there was no material to show that the petitioner committed any rash or negligent act - The death occurred due to electrocution while the petitioner was working under the supervision of a Junior Engineer - Quashing allowed (Paras 4-8).
Issue of Consideration
Whether the FIR and chargesheet under Section 304-A IPC against the petitioner, an Assistant Linesman in the Electricity Department, should be quashed for lack of evidence of any rash or negligent act on his part.
Final Decision
Petition allowed. FIR No.187/2006, chargesheet under Section 304-A IPC, and all consequential proceedings including order dated 13/01/2014 issuing process and framing of charge in Sessions Case No.49/2014 are quashed and set aside.
Law Points
- Criminal Procedure Code
- 1973
- Section 482
- Indian Penal Code
- 1860
- Section 304-A
- Quashing of FIR
- Lack of Prima Facie Case
- No Rash or Negligent Act
