IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 Crl.MC.No. 589 of 2010() ------------------------ CP.71/2008 of JUDL.MAGISTRATE OF FIRST CLASS, CHERTHALA CRIME NO. 283/2007 of MUHAMMA POLICE STATION .................... PETITIONER/3RD ACCUSED:- JAYABAL P.MENON, AGED 39 YEARS, S/O.OKA MENON, SKYLINE SIDE PARK, KADAVANTHRA JUNCTION, ELAMKULAM, COCHIN - 682 020. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS/STATE & COMPLAINANT:- 1. STATE OF KERALA, REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE, CHERTHALA (INVESTIGATING OFFICER IN CRIME NO.283/2007), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031. 2. SHIBIN, S/O.CHANDRABABU, MULANKUTTA P.O., NEAR EDALVILAKAN U.P.SCHOOL, MAVILA, TRIVANDRUM. 3. RAJAN PRASAD, S/O.SHYAM PRASAD, NEYYATTINKKARA, NARAYANAPURAM, NEAR AMARAVILA CHECK POST. 4. JOLLY, S/O.RAJAN, SUB ENGINEER, KSEB SECTION OFFICER, MUHAMMA. 5. PRASANNA BABU, S/O.NATAN, OFFICE SUPERINTENDENT, SECTION OFFICE, KSEB, MUHAMMA. 6. NAWAS, S/O.ABDULLA, SECTION LINEMAN, KSEB, SECTION OFFICE, MUHAMMA. ADV. SRI. VENUGOPAL M.R, PUBLIC PROSECUTOR SRI.H.BADARUDDIN FOR R5 SMT.B.SHAMEERA FOR R5 SRI.T.T.SUDHEESH FOR R5 SRI.AYYAPPAN SANKAR FOR R3 SRI.G.SURARSHAN FOR R3 SRI.R.BINDU (SASTHAMANGALAM) FOR R6 SRI.M.SUNILKUMAR FOR R6 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A.NO. 2045/2010 IN CRL.M.C. NO. 589/2010 DISMISSED 04.07.2011 sd/- B.P. RAY, JUDGE. APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A-1: TRUE COPY OF FIRST INFORMATION REPORT DATED 17.12.2007 OF MUHAMMA POLICE STATION IN CRIME NO. 253/2007. ANNEXURE A-2: TRUE COPY OF FINAL REPORT DATED 26.05.2008 SUBMITTED BY THE 1ST RESPONDENT IN CRIME NO. 283/2007. ANNEXURE A-3: TRUE COPY OF AGREEMENT DATED 09.07.2007 ENTERED BY THE PETITIONER AND M/S. GREENE DIESELS. ANNEXURE A-4: TRUE COPY OF REPORT DATED 14.01.2008 SENT BY ELECTRICAL INSPECTOR, ALAPPUZHA, BEFORE THE 1ST RESPONDENT. RESPONDENTS' ANNEXURES: NIL //True Copy// P.A to Judge. B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 589 of 2010 - - - - - - - - - - - - - - - - Dated this the 4th day of July, 2011. O R D E R Heard the learned counsel for the petitioner and the State. 2. The petitioner was arrayed as the third accused in the charge sheet submitted by the Investigating Officer in Crime Case No. 283 of 2007 of Muhamma Police Station and now pending in the court of Judicial First Class Magistrate, Cherthala as Crime Case No.283 of 2007 registered for an offence punishable under Section 304 I.P.C for violation of Rule 36(i) and 46(iii) of the Indian Electricity Rules, 1956. The prosecution case is that on 07.12.2007 one Gaash Mon aged 27 years sustained injury due to electrocution while he along with others engaged in the work of low tension electric line shifting for KSEB near Mannamcherry Grama Panchayath Shopping Complex at Mannamcherry junction. There is no allegation of any overt act as against the petitioner. The petitioner is the legal head of Bharathi Airtel Ltd. who has entered into an agreement with respondent Nos. 2 and 3 for maintenance contract. Therefore, he had been implicated in this case an an Crl.M.C. No. 589/2010 : 2: accused. Admittedly, there is no allegation of any overt act as against the petitioner. In a criminal case, to constitute an offence under Section 304A I.P.C., there has to be some allegation of overt act as against the petitioner. The petitioner being an employee of the Bharathi Airtel Ltd., and entered into an agreement with respondent Nos. 2 and 3, has no role to play in the alleged accident which took place on the relevant date. 3. The learned Public Prosecutor fairly submits that the petitioner cannot be prosecuted for the alleged offence for the commission of an offence punishable under Section 304 I.P.C. Therefore, I have no hesitation to quash the proceedings against the petitioner in this case and accordingly I direct that the name of the petitioner be deleted from the charge sheet. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv