THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.9557 of 2011 ORDER: Petitioner approaches this Court by invoking the provisions under Section 482 of Cr.P.C. seeking to quash the proceedings against him in Crime No.185 of 2011 of Khammam II Town Police Station, Khammam District, whereby he is arrayed as an accused for the offence punishable under Section 307 of IPC. Heard both sides. The brief facts of the case are as follows: The respondent-complainant and the petitioner are husband and wife and they are living together and there were some family disputes among them in connection with family affairs. On 16.08.2011 when the complainant returned to his house, he kicked the gate of the house with leg and at that time he found there some small electric sparks and he was also subjected to electric shock. He lodged a complaint on 18.08.2011 after verifying that the said electric shock was only due to conspiracy by the petitioner along with one known person, who is also friend of the complainant herein. Learned counsel for the petitioner raised the following points to quash the complaint: 1. The complaint was lodged by the complainant after two days of the alleged incident; 2. The respondent-complainant himself is an electrical engineer. Hence, he may know that electric connection was given and the petitioner herein is house wife; 3. As per the complaint, when the complainant returning home there were no street lights, it was in dark night. Hence, it is not possible for him to notice that the electrical wires were connected with the gate. After hearing the arguments, this Court perused the entire records. As far as delay in lodging the complaint is concerned, it is well settled law that delay itself is not fatal to the case of the prosecution. The unexplained delay alone is fatal to the prosecution case. In the present complaint, the complainant categorically stated at first instance that he was under the impression that the said electric shock was only accidental, but on verification he found that the petitioner herein conspired along with another person and planned to kill the complainant with electric shock by arranging the electrical wires. So, he lodged the complaint on 18.08.2011. As far as the second contention is concerned, in the dark night it is not possible for him to find out electrical wires and as far as other things are concerned, it is a matter for trial. It cannot be decided by this Court by invoking the provisions under Section 482 Cr.P.C. Hence, this Court is of the view that there are some prima facie allegations against the petitioner herein. Hence, this Court is not inclined to interfere with the investigation at this stage. Accordingly, the Criminal Petition is dismissed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ___________________ JUSTICE RAJA ELANGO 12th October 2011 Rns