The charge sheet is filed against the petitioner alleging

that he is the doctor in Sri Maheshwari Children Hospital

belonging to him and he had drawn electrical wires in one

single pipe and due to excess load, there was fire in the

building due to electrical short circuit, hence has committed the

offence punishable under Sections 285 of IPC.

The learned Magistrate after accepting the charge

sheet took the cognizance of the aforesaid offence against the

petitioner. Taking exception to the same, this petition is filed.

3.

The learned counsel for the petitioner submits that

the allegation made against the petitioner in the charge sheet

even accepting on the face of it does not constitute the offence

punishable under Section 285 of IPC.

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4.

On the other hand, the learned High Court

Government Pleader appearing for the State submits that due

to negligence of the petitioner, fire broke out in the hospital,

thus endangering human life. Hence, the charge sheet filed

against the petitioner cannot be faulted with.

5.

I have considered the submissions of the learned

counsel for the parties.

6.

Section 285 of IPC specifies that any person does

any act rashly or negligently as to endanger to the human life,

or to be likely to cause hurt or injury to any other person or

omits to take such action with any fire in his possession shall

be punishable with imprisonment of either description for a

term which may extend to six months or fine or both. To

constitute an offence punishable, a person must be in

possession of fire and acts negligently or rashly so as to

endanger human life.

7.

In the present case, the allegation is that due to

negligence of the petitioner, there was fire in the building due

to electrical short circuit which clearly implies that the

petitioner was not in possession of fire but the fire broke out

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due to the short circuit, which does not constitute an offence

punishable under Section 285 of IPC. Hence, the charge sheet

filed against the petitioner is not sustainable in law.

Accordingly, I pass the following:

ORDER

i)

Criminal petition is allowed;

ii)

The impugned proceed in CC No.144/2019 pending

on the file of the Addl.Civil Judge and JMFC Court, Hungund is

hereby quashed.

Sd/-

JUDGE

BKM