JUDGMENT :

Sanjay Dhar, J.

The petitioners have filed the instant petition seeking a direction upon the respondents for providing compensation to them for the death caused to Fayaz Ahmad Bhat, husband of petitioner No.1 and father of petitioner No.2 due to electrocution. A further direction commanding respondent to complete investigation in FIR No.164/2009 registered with P/S Parimpora, has also been sought.

2. It is averred by the petitioners that the petitioner No.1 happens to be the widow of deceased Fayaz Ahmad Bhat whereas petitioner No.2 happens to be his daughter. It is further averred that the deceased was working as a Gang Coolie (Class-IV) in the pay scale of Rs.2550-3200/-, drawing a monthly salary of Rs.7789/. On 23rd July, 2009, while the deceased along with other officials were on duty at Hamdania Colony, Bemina, in connection with measurement of canal, the deceased slipped from the bank of the canal and touched the barbed wire installed by 44th BN of CRPF which was stationed at Hamdania Colony, Bemina. The deceased received strong electric shock and died on spot. The police registered FIR No.164/2009 for offence under Section 304-A RPC in this regard. It is alleged that 44th BN of CRPF had taken electric supply connection without the approval of concerned department and connected the same with the barbed wire. Thus, according to the petitioners the CRPF is responsible for the death of the deceased. The petitioners have also alleged that Power Development Department is equally responsible for the negligence and dereliction of duty which resulted in death of the deceased and, as such, they are also liable to pay compensation to the petitioners. It is averred that the officials of the Power Development Department did not take care to inspect the electric supply connection as per the mandate of law. The age of the deceased at the time of his death is stated to be 38 years. On the basis of these allegations, the petitioners have sought compensation from the respondents as also the investigation into the aforesaid FIR.

3. The writ petition has been resisted by all the respondents by filing separate replies thereto. In the reply filed by the CRPF, it has been submitted that a high voltage transformer at about 3/3.5 feet height from the ground level was stationed in front of the CRPF camp at Hamdania Colony by roadside. It is averred that concertina wire was laid near the transformer alongside the bank of the canal. It has been further averred that high tension wire with high voltage cable which connected the transformer resulted in melting of rubber insulation and it touched the concertina wire. On 23.07.2009 at about 10.30 hours, the deceased, who is an employee of the Irrigation Department, came in contact with the concertina wire and sustained electric burn injuries. It has been further averred that concertina wire was laid way back in early 1990’s for security reasons and this was in knowledge of officers/officials of the Electricity Department but they never objected to it. It is contended that the concertina wire got accidentally electrified due to the melting of plastic/rubber insulation covering the electric wire which resulted in direct contact of the concertina wire with the naked electric wire. The CRPF has denied having taken any electric connection for electrifying its fence and claimed that they had no knowledge about the fact that the electric wire had come in contact with the concertina wire. It has also been submitted that the CRPF camp is stationed at about 35-40 meters away from the transformer and that there is 20-30 feet wide canal in between campus and the transformer. It is also averred that there is no question of taking electric connection from the high-tension wires passing through transformer for domestic purposes. It is further averred that the electric connection which was provided to th