The central legal point established in the judgment is that negligence leading to a fatal incident can justify prosecution under relevant sections of the Indian Penal Code and the Electricity (Supply) Act, 1948.

JUDGMENT

ABHAY S.WAGHWASE, J. - Both the above criminal applications are at the instance of original accused against whom crime has been registered for commission of offence under Ss. 304-A, 287 of the Indian Penal Code and under Ss. 12, 35, 67, 70 of the Electricity (Supply) Act, 1948 at Chalisgaon Road Police Station, Dhule. The crime therein and the consequential charge-sheet arising out of it are now sought to be quashed and set aside by way of instant applications by invoking the provisions under Sec. 482 of the Code of Criminal Procedure. As both above the applications are heard at one and the same time and are answered by learned APP at one and the same time, the same are dealt and disposed of by way of common Judgment. FACTS OF THE CASE IN BRIEF

2. On 17/5/2021 one Ashabai Rajendra Yeole, resident of plot No.E/D, Vijay Housing Society, Jaishankar Colony, Dhule, came out of the house at around 08:45 a.m. to dispose off garbage. While she was returning back, live electricity wire going overhead, got snapped and fell on the said lady. She got electrocuted and succumbed to it. The incident initially was reported as accidental death, but subsequently upon investigation, both above applicants are held responsible for the said episode being officials of the Maharashtra State Electricity Distribution Company Limited (MSEDCL) and accordingly are booked for above offences. The crime and consequent charge-sheet are now sought to be quashed and set aside. SUBMISSIONS ON BEHALF OF APPLICANTS IN BRIEF

3. Learned Advocate for applicant in Criminal Application No.2366 of 2021 would submit that admittedly applicant is official of MSEDCL and working as Technician. However, he is falsely involved as he is not responsible in any manner to the alleged accidental death. That the lady got electrocuted because of accidental fall of live electric wire which was due to heavy storm. Therefore, implication of applicant is baseless. Even complaint is delayed for which there is no explanation. Hence, for all above reasons, crime and charge-sheet are sought to be quashed and set aside.

4. Similarly, learned Advocate on behalf of applicant in Criminal Application No.2229 also took a stand that there is false implication. He was in no way concerned with the alleged negligence. Rather it was act of god. That even taking the FIR and the contents in the charge-sheet on their face value, there is nothing to connect present applicant to the accidental death of the lady. It is apparently abuse of process of law and so learned Advocate prays for grant of relief as prayed. SUBMISSIONS ON BEHALF OF STATE

5. On behalf of State, learned APP answered above submissions of both the applicants and would point out that the applicants are posted in MSEDCL. They are working as Technician and Assistant Engineer respectively and are solely responsible for the maintenance and upkeep of the electric wires and appliances. That residents of the locality, where incident took place, had promptly and repeatedly reported continuous spark emanating from the electric wires. Had they attended the said complaint, the wire would not have got snapped and fell upon the lady and it is because of pure negligence on their part that wire got snapped and fell on her and she died. Negligence is on the part of both the applicants and therefore, they are duly implicated and charge-sheeted. The learned APP, while concluding submitted that there is sufficient material on record and therefore, prosecution deserve to take up case for trial. Therefore, he prays for rejection of both the applications.

6. Here both the applicants, who are officials of the MSEDCL, have invoked powers of this Court under Sec. 482 of the Code of Criminal Procedure. In catena of judgments, the Hon'ble Apex Court has time and again reiterated that inherent powers under Sec. 482 of Code of Criminal Procedure can be exercised by the High Court; firstly, to give effect to an order under Cr.P.C., secondly, to prevent abuse of proce