R KANNAN Vs. STATE

JUDGEMENT

(1.) PETITION filed under Section 482 Cr.P.C, seeking a direction to call for the records in C.C.No.249 of 2006 on the file of the Judicial Magistrate No.III, Erode and quash the same. The petitioner herein is the accused in C.C.No.249 of 2006 on the file of the Judicial Magistrate No.III, Erode. The petitioner/accused has filed this petition under Section 482 of the Code of Criminal Procedure to quash the proceedings, pending before the Judicial Magistrate No.III, Erode.

(2.) MR.Sivaprakash, learned counsel appearing for the petitioner submitted that he was the manager of M/s. Pioneer Mills, a private limited company, situated at R.N.Pudur, Bhavani Main Road, Erode, at the relevant point of time. On 09.08.2005 at about 7.30 p.m, when the employees were working in the factory, a boiler in the factory got burst causing injuries to the workers, due to which, one injured died and another was admitted in the hospital. A case was registered against the petitioner/accused under Sections 287, 338 and 304 (A) IPC. The learned counsel further contended that on the aforesaid occurrence, similar criminal proceeding was initiated in C.C.No.74 of 2005 on the file of the Chief Judicial Magistrate, Erode, charge-sheet was filed against the petitioner for the offence, punishable under Sections 41, Rule 61(R) read with Section 92 of Factories Act. The said case ended in conviction, whereby a fine of Rs.25,000/-was imposed and in default, the petitioner/accused was directed to undergo Simple Imprisonment for a period of 2 months, as per the Judgment of Chief Judicial Magistrate, Erode, dated 12.12.2005 and the petitioner paid the fine amount, imposed by the court.

(3.) ACCORDING to the learned counsel appearing for the petitioner, the second case pending before the Judicial Magistrate No.III, Erode, after the disposal of the earlier case is only a double jeopardy and not maintainable.