NATHA HARIBHAU JADHAV AND ANOHTERversusTHE STATE OF MAHARASHTRA AND ANOTHER

2026:BHC-AUG:38645-DB
                                                                        criapln4241.23.odt



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                          CRIMINAL APPLICATION NO. 4241 OF 2023

           1. Natha Haribhau Jadhav
           2. Dnyaneshwar Uttamrao Hiwale
                        VERSUS

           1. The State of Maharashtra
           2. Balu Karbhari Thete

          Mr. J. V. Deshpande and Mr. S. N. Dudhate, Advocate for Applicants
          Mr. S. P. Joshi, APP for Respondent-State
          Mr. R. V. Gore, Advocate for Respondent No. 2

                                                          CORAM : R.M. JOSHI, J
                                                          DATE  : 21 August, 2026

          P. C. :

          1.            By this application under Section 482 of the Code of Criminal

          Procedure, the applicants seek quashment of the proceedings pending

          before the Additional Sessions Judge at Aurangabad bearing Sessions Case

          No. 182/2023 arising out of Crime No. 136/2022 registered at Kannad

          Police Station (Rural), District Aurangabad for the offences punishable

          under Section 304 read with 34 of Indian Penal Code.


          2.            According to the prosecution, the First Information Report was

          lodged by Respondent no. 2/informant, Balu Karbhari Thete, R/o Navadi

          Tq. Kannad Dist. Aurangabad. The informant alleged that four labourers,

          namely, Ganesh Narayan Thete, Jagdish Chhaganrao Murkunde, Bharat

          Babasaheb Barkad and Arjun Balkrishna Magar succumbed to fatal electric

                                            Page 1 of 5
                                                               criapln4241.23.odt



shocks while working in an agricultural field at Gut No. 52, Hivarkheda

Nandgirwadi Shivar. The alleged incident occurred when co-accused

Maksoodkhan Maankhan Pathan illegally set up a electrified thin iron wire

fence surrounding his papaya crop by drawing an exposed live wire from the

electric transformer (DP) passing through Gut No.51 belonging to the

landowner Banobi Latif Pathan, in order to ward off wild animals. The

prosecution attributes the fatal electrocution of the four deceased to gross

negligence, alleging shared criminal culpability to the landowner for

erecting an illegal live-wire fence, along with the project contractor of

Anukul Power Engineers Private Limited, its supervisor, and the

departmental MSEDCL staff i.e. the present applicants, who were serving as

Sub-Engineer and Wireman respectively with MSEDCL at Chikhalthan

Taluka Kannad Dist. Aurangabad.


3.          Learned counsel for applicants submitted that Applicant no. 1

was working as Sub- Engineer and Applicant no. 2 was a wireman in

MSEDCL at Chikalthan, Tq. Kannad Dist. Aurangabad at the relevant time

and have been falsely and arbitrarily implicated in the said crime. It

contends that the investigation report dated 12.7.2022 submitted by the

Electrical Inspector demonstrates that the fatal electrocution occurred

entirely due to an illegal unauthorized live iron-wire fence privately erected

by co-accused landowner, Maksoodkhan Maankhan Pathan to safeguard his



                                  Page 2 of 5
                                                                   criapln4241.23.odt



papaya crop. The present applicants had neither any knowledge of nor

physical control over this illicit, private setup. It is further submitted that the

High Voltage Distribution System (HVDS) project work legally outsourced

by MSEDCL to an independent contractor, Anukul Power Engineers Private

Limited under the strict safety protocols and guidelines were issued to

ensure that no electrical current was supplied to the line during execution

hours, where employees of the contractor were engaged in installing the

new transformer (DP). Thus, according to him no capability could be

attached to the applicants for unfortunate death of labours.


4.           Learned counsel for the applicants contends that there was

neither mens rea nor actus reus attributable to the applicants. Furthermore,

this court vide its order dated 15.9.2023 passed in Criminal Application No.

1063/2023, has already quashed the FIR against the co-accused Mukund

Bhaskarrao Sobane. He further submitted that applying settled principles of

parity, natural justice and relying upon the judgment of Hon’ble Supreme

Court in State of Haryana v/s Bhajanlal and others, 1992 Supp (1) SCC 335.

The present applicants cannot be held liable as they are staff of the MSEDCL

with no direct connection to the illegal fencing. Learned counsel for

applicants, therefore, prayed for the quashing of the proceedings pending

before the learned Additional Sessions Judge at Aurangabad.




                                    Page 3 of 5
                                                                criapln4241.23.odt



5.          Per contra, learned APP and learned counsel for respondent no.

2 vehemently opposed the application and grant of any relief to the present

applicants. It is submitted that four persons have lost their lives due to the

lack of necessary safety measures. They contend that while the Electrical

Inspector's report reveals that co-accused Maksoodkhan Maankhan Pathan

illegally drawn current from MSEDCL lines to energize an iron fence, the

present applicants (Sub-Engineer and Wireman) cannot be absolved of

responsibility. It is submitted that the MSEDCL staff failed in their duties to

enforce line safety, execute proper shutdowns, and ensure mandatory

earthing protocols before permitting work on high-voltage lines. It is

contended that these operational lapses and alleged negligence are matters

to be determined at the stage of trial. To support these submissions, he

drew attention of the Court to the statements recorded by employees of

Electricity Company that appropritate sanctions or permissions were not

obtained to carry out work nor it was intimated in advance.


6.          Perusal of the documents placed on record especially Electrical

Inspector's report, clearly establish that the prima facie cause of the fatal

electrocution was the illegal live-wire fence privately erected by the co-

accused landowner Maksoodkhan Maankhan Pathan, an unauthorized setup

over which the applicants had no control or knowledge. Most importantly,

there is no case sought to be made out by the prosecution that on account of



                                   Page 4 of 5
                                                                criapln4241.23.odt



the erection of the DP and non-discontinuation of existing supply, the

electrification took place, rather, it is the explicit cause of the prosecution

that electrification occurred solely on account of electric current flowing

into the fence of the agricultural field of the co-accused. Consequently,

evidence or statements regarding the non-obtainment of administrative

permissions are of no consequence. If it was the case of the prosecution that

the existing DP was to be repaired or replaced, question if disconnection

would arise. In absence thereof, even if accepting allegations against

applicants to be true, no case is made out. Furthermore, in the absence of

any mens rea or actus reus and by applying the principle of parity as well as

the settled position of law laid down in State of Haryana v/s Bhajanlal and

others, 1992 Supp (1) SCC 335 continuing the prosecution against the

applicants would amount to an abuse of the judicial process.


7.          Hence, application stands allowed in terms of prayer clause 'B'.



                                                     (R. M. JOSHI, J.)
Malani




                                   Page 5 of 5