SUSHIL KUMAR TIWARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Senior Assistant Director of Factories, Tumkur Division, Tumkur, filed a private complaint under section 200 Cr.P.C. seeking prosecution of the petitioners herein for the alleged negligence in causing death of one Mohammed Hanif Manihar. According to the complainant, the petitioners herein were the Occupier and Manager of M/s. Heidelberg Cement India Limited, Ammasandra, Turuvekere Taluk, Tumkur District, registered under the Factories Act, 1948. On getting information of an accident in the factory premises, the complainant visited the aforesaid factory and on enquiries, collected necessary documents. It was ascertained that the work of dismantling an old building was entrusted to Contractor M/s. Sahi Constructions, Mumbai. The dismantling work was being carried on by the contractor from 01.06.2013. At the time of the accident, out of five floors, three top floors were demolished and the 2nd floor demolition work was under progress. The deceased worker, Sri. Mohd. Hanif Manihar and three other workers reported for the work on 15th February 2014 at about 8.00 a.m. They started the work of demolishing of the North-West column of the second floor. They started the preliminary work by notching the concrete and cutting of the RCC Column, steel rods of dimensions 20 mm diameter. In the said column, there were about 16 steel rods. The workers got cut 14 rods, except 2. The steel rope was got tied to the said column and the other end of the steel rope was tied at about 75 metres away, wherein anchoring was done. During that time, Sri. Mohd. Hanif Manihar, who had gone to tie the rope to the column, came down, when he was about to cross the wire rope, near the anchoring point, suddenly the column came down and the deceased fell on the western side, with a sudden jerk, on the wire rope which hit on his left foot ankle region, resulting amputation of lower one third of left leg, fracture of right thigh bone and scrotal region. After giving first-aid, in the factory hospital, the injured was shifted to Tumkur for further medical treatment, at Shridevi Hospital. The Doctors, after medical examination declared him brought dead.

(2.) According to the complainant, the petitioners herein failed to provide safe working conditions to the deceased which contributed to the fatal accident. The details of the alleged acts of omission and commission by the petitioners are mentioned in the complaint. Based on the said complaint, the learned Magistrate took cognizance of the alleged offence punishable under section 92 of the Factories Act and issued summons to the petitioners. At this stage, the petitioners have preferred this petition under section 482 Cr.P.C. seeking to quash the entire proceedings.

(3.) Learned counsel for the petitioners' submits that the deceased was not employed either by M/s. Heidelberg Cement India Limited or by the petitioners herein. He was not an 'worker' within the meaning of Section 2(l) of the Factories Act, 1948. He was not involved in manufacturing activities and no manufacturing process was being carried on at the time of the alleged accident. The deceased was working directly under M/s. Sahi Constructions, Mumbai and therefore, the initiation of the proceedings against the petitioners solely on the ground that the petitioners are Occupier and Factory Manager is legally untenable. Top