Negligence must be clearly established to hold an individual liable under specific statutory provisions related to electricity maintenance.

ORDER

This petition is filed to quash Annexure-A1 final report. 2. Petitioner is the 4th accused in Annexure-A1 final report. As per the allegations in the charge, a stay wire which was connected to 11 K.V electric line post happened to break, while reclamation of the wet land belonging to A4, the petitioner, was being carried out. The line was sagging and hence accused 1 to 3 were approached with a request to set repair the same. But they did not effect any repair of the stay wire, and CW2 happened to touch the wire and she sustained grievous injuries by electrocution and thereby A1 to A3 committed offence under Section 338 Indian Penal Code and 4th accused committed offence under Section 139 of the Electricity Act, 2003 ('the Act' for short).

3. Learned counsel for petitioner submitted that as per the allegations in the FIR, a tipper lorry had caused damage to the stay wire while the reclamation work was being carried out in the petitioner's property. But the driver of the tipper lorry was not made an accused. Petitioner has no vicarious liability under the provisions of the Act and hence he cannot be proceeded against for the offence alleged, it is submitted.

4. On hearing both sides and on going through the charge-sheet and FIR, it is clear that no allegation is made against 4th accused that he has damaged the stay wire. There is no allegation that he, in any manner, negligently broken or damaged any material connected with the supply of electricity. It is only alleged that the stay wire which was situated in the property of petitioner happened to break. The charge-sheet was laid on 30.3.2005 and the date of offence is 4.5.2004 and hence Section 139 of Electricity Act, 2003 as amended w.e.f. 27.1.2004 by Act 57/2003, is applicable in this case. As per the said Section, a person will be liable under the said Section, if he negligently breaks, injures, throws down or damages any material connected with the supply of electricity. There is absolutely no whisper in the charge-sheet that the petitioner has negligently broken or damaged etc. any material connected with the supply of electricity. Therefore, the allegation in the charge will not constitute an offence punishable under of the Act and the charge is liable to be quashed with respect to the petitioner . 5. Hence the following order is passed:

1) Annexure-A1 charge in so far as it relates to petitioner is hereby quashed.

2) Petitioner shall not be proceeded on the basis of Annexure-A1.

Petition is allowed.

K.Hema, Judge cms