3THE HON’BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL PETITION No. 3523 of 2008 DATE: 24-03-2011 Between: Chethipattu Venkata Subba Reddy .. Petitioner And The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another .. Respondents THE HON’BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL PETITION No. 3523 of 2008 ORDER: This Criminal Petition is filed by the petitioner under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”) for quashing the proceedings in C.C.No.65 of 2008 pending on the file of the I Additional Munsif Magistrate, Proddatur, Kadapa District. The petitioner herein was charge sheeted for the offence under Section 304-A of the Indian Penal Code, 1860 (for short “IPC”) alleging that he is working as Branch Manager of M/s Apollo Sindhuri Capital Investment Limited in the building called as ‘Pavan Plaza Complex’ and he got arranged the electric connection to the said room for the purpose of installing the computers and took earth wire for the office from the meter at a height of two feet from the ground floor without connecting into the earth. Due to the same, one Talari Banduboina Nagaraja came in contact with the said earth wire on 01.11.2007 and died on the spot. Learned counsel for the petitioner has pleaded that in the complaint given by L.W.1 Vadla Ramu, who was present along with the deceased at the time of the incident, has mentioned that the owner of the building by name Rama Chandra Prakash is responsible for leaving the said wire negligently and requested to take necessary action against him and the police excluding the said owner of the building included the present petitioner as an accused and the accused is only an employee of M/s Apollo Sindhuri Capital Investment Limited working in the said premises since 26.07.2007 on his transfer to Proddatur branch. As per the charge sheet filed in C.C.No.65 of 2008, it is evident that during the course of investigation, the investigating officer is found that the accused is responsible for arranging the live earth wire without fixing to the earth and thereby there is negligence on the part of the accused. It is the further contention of learned counsel for the petitioner that there is no material on record to establish the responsibility of the accused in fixing the said wire. But he only contends that the owner alone is responsible and not the petitioner, as he is only a Manager of the said firm. The averments made in the charge sheet have to be taken into consideration for ascertaining whether there is a prima facie case made out by the prosecution for an offence under Section 304-A of IPC and the averments made in the charge sheet and Section 161 of Cr.P.C. statements of the witnesses enclosed with the said charge sheet, clearly disclose that the accused is responsible for arranging the said electric earth wire from their office and left vacant the wire at a height of two feet from the ground floor without fixing in the earth and the deceased came into contact with the said wire and died on the spot. Therefore, prima facie, the death of the deceased caused due to the negligent act of the accused in leaving the earth wire without connecting into the earth. I hold no reasons to quash the said proceedings as prayed for by the petitioner. In the result, the petition is dismissed. ___________________ P.DURGA PRASAD, J 24-03-2011 MR THE HON’BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL PETITION No. 3523 of 2008 DATE: 24-03-2011 MR