Suresh, And 9 Others, v. The State Of Ap Rep By Its Pp Hyd., And Another,

SMT. JUSTICE T. RAJANI CRIMINAL PETITION No. 9733 OF 2011 O R D E R :

This Criminal Petition is filed under Section 482 of Cr.P.C., seeking to quash F.I.R., in Crime No. 65 of 2011 of Bhainsa Rural Police Station, Adilabad district.

2. Heard Sri B. Vijaysen Reddy, learned counsel for the petitioners and the learned Public Prosecutor appearing for the first respondent. None appears for the second respondent in spite of service of notice.

3. The allegations are that all the petitioners/accused have organized LT single phase transformer at 'Ganesh Pandal' of Surya Youth Organization. They were using the NPDCL supply unauthorisedly by hooking. While connecting the supply by hooking the line, the deceased hooked the phase wire with live line and the same wire was in his other hand, which resulted in electrocution and he died.

4. The counsel for the petitioners submits that there is no specific allegation against these petitioners but there is allegation that all the petitioners/accused have organized the said distribution transformer at 'Ganesh Pandal'. Hence, as unless the trial is taken up the role of the petitioners/accused can not be established, it is not advisable to quash the proceedings in Crime No.65 of 2011 of Bhainsa Rural Police Station, Adilabad district.

5. Considering the request of the counsel for the petitioners and considering the fact that the above crime was registered as far as in the year 2011, the Station House Officer, Bhainsa Rural Police Station, Adilabad district shall not arrest the petitioners/accused without following the procedure under section 41-A of Cr.P.C.

6. In the result, the Criminal Petition is disposed of.

7. As a sequel, miscellaneous petitions if any, pending in this criminal petitions stand disposed of.

______________ JUSTICE T . RAJANI 23-08-2018 I s L

SMT. JUSTICE T. RAJANI CRIMINAL PETITION No. 9733 OF 2011 [ RESULT : DISPOSED ] Circulation No. 3 6 8 Date: 23-08-2018 Court Master : I s L