Criminal proceedings against public servants for negligence cannot be quashed on the ground of lack of sanction under Section 197 CrPC, as negligent acts or omissions do not constitute acts performed in the discharge of official duty, and the court will not interfere if a prima facie case exists.

JUDGMENT :

MITALI THAKURIA, J.

Heard Mr. G. Choudhury, learned counsel for the petitioners and Mr. P. Borthakur, learned Addl. PP, Assam for the respondent No. 1. Also heard Mr. H. R. Choudhury, learned counsel for the respondent No.2/informant.

2. This is an application filed under Section 482 CrPC for quashing of the FIR dated 07.05.2019, which was registered as Badarpur P.S. Case No. 121/2019 registered under Section 304(A) of IPC corresponding to G.R. Case No. 1044/2019 along with the Charge Sheet No. 177/2022 filed therein.

3. Mr. Choudhury, learned counsel for the petitioners submitted that a complaint was lodged by one Anwarul Hoque Mazumder, respondent No.2 before the Officer-in-Charge of Badarpur Police Station with the allegation that while his son, namely, Ansarul Hoque Mazumder was proceeding from his house at Alakulipur towards his firm at Debendranagar through PWD road and when he reached near his firm, one of the overhead high voltage electric wire, which was already hanging dangerously low level, suddenly came down further and touched the head of his son, as a result of which, his son died on the spot and after the said accident he was rushed to Railway Hospital, Badarpur, where Doctor declared him dead. Autopsy over his dead body was also conducted at the Civil Hospital on the same day of the accident.

4. It is further alleged by the complainant that there was a long pending panic in the local people about the said dangerously hanging electric wire and one of them made written complaint to the authority of APDCL, Badarpur Sub Division in that regard, but authority concerned did not pay any attention to his complaint.

5. After receipt of the said FIR, a case has been registered as Badarpur P.S. Case No. 121/2019 under Section 304(A) of IPC. After investigation, police accordingly filed the charge sheet on the basis of the said complaint against both the petitioners, who are serving as SDE and Junior Manager, respectively under the APDCL, Badarpur.

6. It is submitted by Mr. Choudhury that the allegation which has been made in the said complaint does not make out a case against the petitioners. Even though it is stated that there was long pending panic situation in the local people about the said dangerously hanging electrical wire is not true and there was no such written complaint received by the authority concerned. He further submitted that no offence is made out under Section 304(A) IPC and the victim died only due to his own negligence and it is not for the negligent act of the petitioners. The petitioners have been implicated in the instant case by the informant only to harass, humiliate and spite them in the eyes of the eyes of the society and police also submitted the charge sheet against the petitioners without any proper investigation.

7. However, after getting the information about the said incident, the petitioners along with other staff had rushed to the place of occurrence and it was observed that due to heavy thunder and hailstorm on the preceding night some of the electricity posts had bent and due to which only there occurred a slack of electricity over head lines and the victim knowing fully well, about the slackness, which was visible even through the naked eye went underneath the wires and tried to lift the cable and he got pulled to the electricity cable and got electrocuted. But the learned Trial Court without considering this aspect of the case,