JUDGMENT :

1. The present petitions have been filed by the petitioners-original accused under Section 482 of the Code of Criminal Procedure, 1974 (“the Code” for short) seeking quashing and setting aside the F.I.R. being C.R.No.I-228 of 2017 registered with Bapod Police Station, Vadodara for the offences punishable under sections 321, 336, 374 and 114 of the Indian Penal Code, 1860 (“the IPC” for short) and Section 3(1)(h) and Section 3(2)(va) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities)Act, 1989 (“the Atrocities Act” for short).

Rule. Ms.Moxa Thakker, learned APP waives service of Rule for the respondent no.State. Mr.Moiz Rafique, learned advocate waives service of Rule for the respondent no.2 original complainant.

2. The petitioner of Special Criminal Application No.8894 of 2017 is the accused no.1, who is Assistant Manager in Larsen & Toubro Limited (“L & T” for short), whereas petitioners of Special Criminal Application No.8908 of 2017 are the accused nos.2 to 5, who are the employees of M/s. Aravon Services Private Limited (“Aravon” for short).

3. The brief facts as alleged in the impugned FIR are as under:

3.1 It is alleged that on 07.07.2017, at around 4.30 – 5.00 p.m., the complainant's supervisor one Pravin Pandya came to the complainant and his coworker one Chirag Nagainbhai Solanki and told them that to bring a submersible motor from East Building Fire Office to the terrace of the same building. The motor was very heavy, but still the complainant and his coworker started to lift the motor and on their way they met their Union Leader one Jayantibhai, who inquired about taking such a heavy motor to which they replied that Pravin Pandya had informed that it was the order of Alam Sir to take the motor upstairs.

3.2 Thereafter, the complainant and his coworker by any means lifted the motor and at that time, the complainant's coworker Chirag started feeling chest pain and, therefore, he immediately went to L & T's dispensary and the doctor on duty Dr.Verma gave him medicines. The complainant and his coworker again lifted the motor and took it near the lift and brought the motor to the terrace of the East building.

3.3 In the evening, at 6.30 p.m., one of the coworker told to Pravin Pandya and Hitesh Adhiya that since it was the time of snacks they wanted to go for snacks. At that time, Hitesh Adhiya replied that one of the persons/workers will have to remain present there and others can go for snacks. Therefore, except the first informant, everyone went for snacks and he remained present at the spot and after 7.00 p.m. they stopped working of the motor.

3.4 The very next day i.e. on 08.07.2017, being deep cleaning day, the duty of the first informant was from 7.00 a.m. to 3.00 p.m. It is stated that the supervisor Pravin Pandya asked them to do the pending work on the West terrace. After that, it is alleged that one of the supervisors forcefully told them to empty the water logged area through buckets and subsequently, he also started the motor. After sometime the water level had decreased and the motor was unable to throw water outside the water logged area. Therefore, the supervisor Pravin Pandya told them to fix the motor by hands, so that the motor will work and hence, the first informant and his coworker touched the motor, and at that moment, they caught an electric shock and after hearing their shouts, supervisor Pravin Pandya immediately unplugged the motor. It is under these circumstances the present FIR came to be filed.

4. Mr.S.V.Raju, learned Senior Counsel with Mr.B.S.Raju, learned advocate for the petitioner in Special Criminal Application No.8894 of 2017 has submitted that the impugned FIR is filed with malafide intention and with oblique motive against the petitioner. He has submitted that the gist of the FIR reveals that it is an accident which happened on 08.07.2017, whereas the FIR has been lodged on 11.11.2017 i.e. after a period of delay of 4 months of the incident.

4.1 Learned Seni