BHALENDRA KUMAR UPADHYAY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of the present petition under Sec. 482 of CrPC, the Petitioners have assailed the order dtd. 20/11/2015 passed by the Judicial Magistrate First Class, Raipur in Criminal Case No. 14517 of 2015, whereby the learned Magistrate has framed charges against the Petitioners for the offence under Ss. 287, 338 and 304-A (four counts) of IPC. The Petitioners also have assailed the order dtd. 29/2/2016 passed by the Second Additional Sessions Judge, Raipur in Criminal Revision No. 18 of 2016 which was preferred by the Petitioners against the framing of charges referred above.

(2.) At the outset it would be relevant to point out that the learned Counsel for the Petitioners in the course of arguments submitted that he does not intend to challenge the order of the Magistrate to the extent of the Ss. for which charges have been framed and submitted that he restricts his arguments to the extent of framing of charge on four counts against each of the Petitioners.

(3.) Facts of the case in nutshell are that the Petitioners are engaged in running an Industry namely 'Baba Vasukinath Industry at Borjhara, Urla, District Raipur'. The Petitioners are involved in the business of extracting oil from old used rubber and tyres by melting them in a furnace. Petitioner No.1 is the proprietor of the said establishment and Petitioner No.2 is the Manager and In-charge of the said entire business of Petitioner No.1. That on 10/7/2015 at around 1:30 p.m., an incident occurred at the Petitioners' plant where the furnace of the said industry suddenly blasted injuring many persons and out of which four persons, namely, Prabha Sahu, Dilip Mishra, Toran Singh and Deepak Das, succumbed to the burn injuries that they had sustained and a few others had received grievous injuries.