STATE Vs. K.R.PANEERSELVAM

JUDGEMENT

(1.) This Criminal Revision has been filed to set aside the order passed by the District and Sessions Court, Tiruvarur in Crl.R.P.No.28 of 2015 in Crl.M.P.No.270 of 2015 in C.C.No.1 of 2015 on the file of the Chief Judicial Magistrate, Tiruvarur dtd. 18/11/2016.

(2.) Heard the learned Government Advocate for the petitioner and the learned counsel for the respondent.

(3.) The petitioner is the State who has filed a complaint against the respondent for the offences under Sec. 41 r/w Rule 61(E) and Sec. 105 r/w. Rule 13(C) and Sec. 92 of the Factories Act. The petitioner has given a private complaint on the allegation that the respondent is the owner of KRP Modern Rice Mill situated at Keezhathuraiyur, Keezhavidaiyal, Tiruvarur District. On 14/2/2014, four loadmen were loading the rice bags in the lorry and when two loadmen by name Rajappa and Tamilvanan went to refresh themselves and took water from the nearby hand pump, they got electrocuted due to electrical short circuit and that resulted in the death of the above said two loadmen. On 17/2/2014, the petitioner authorities inspected the premises and came to know that the electrical motor pump was fixed on 13/2/2014, after recoiling and repairing. Since the main board did not have earth leakage circuit breaker, there was a leakage of electricity and that had caused the accident. On these allegations, a private complaint was filed and taken on file in C.C.No.1 of 2015. Subsequently, the respondent has filed a petition to discharge himself and the said petition was dismissed by the Trial Court. The said order was challenged by the respondent in Crl.R.P.No.28 of 2015 before the District and Sessions Judge, Tiruvarur and the said revision was allowed by reversing the dismissal order of the Trial Court. Now the petitioner had preferred this Criminal Revision by challenging the order of the District and Sessions Judge, Tiruvarur.