THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.9615 OF 2009 Dated : 17.11.2009 Between : J.Kishan Rao ….. Petitioner/A.1 a n d The State of A.P. & another ….. Respondents THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.9615 OF 2009 ORDER : This criminal petition under Section 482 Cr.P.C. is filed by the petitioner/A.1 seeking to quash proceedings against him in C.C.No.103 of 2009 on the file of the IV Additional Munsif Magistrate, Warangal, for the offence punishable under Section 304A I.P.C. 2) Heard. 3) The allegation against the petitioner, who is the Assistant Engineer in Electricity Department, is that he along with other accused went to a live electric pole and asked the deceased to climb the pole without switching off the power, on account of which, the deceased received electric shock and died. 4) Learned counsel for the petitioner contends that the petitioner was not at all present on the spot at the time of incident and his duties do not include the work of switching off the power, etc. and as such the petitioner is no way connected with the present offence. 5) But, on facts, the petitioner was present at the spot and asked the deceased to climb the pole. As such, it cannot be said that there is no prima facie material against the petitioner. Hence, the petition is dismissed. 6) However, in view of the fact that the offence has taken place while discharging the official duties, it is directed that the presence of the petitioner before the trial Court during trial shall be dispensed with on filing an appropriate application. But, the petitioner shall appear before the trial Court at the time of framing of charges, examination under Section 313 Cr.P.C. and pronouncement of judgment. ______________________ P.SWAROOP REDDY, J 17th November, 2009 SUR