SURENDRA KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) K. N. Sinha, J. By means of the present application under Section 482 Cr. P. C, the petitioners have prayed the quashing of criminal proceedings of Criminal Case No. 1654/2006 under Sections 304 and 201 Indian Penal Code, police station Civil Lines District Rampur (State v. Surendra Kumar Gupta and Ors.), pending in the Court of Chief Judicial Magistrate, Rampur.

(2.) THE facts of the case are that M/s. Swati Menthol and Allied Chemicals Ltd. , situated at Bareilly Road, Rampur is a public limited company and engaged in manufacturing of Menthol, Crystals, Peppermint Oil etc. THE Company has been accorded the status of 'export House' in the year 2003, by the Ministry of Commerce and Industry in India. THE applicant No. 1 is Managing Director of the company and other applicants are connected with the affairs and the management of the company. THE company has a license from Drug Licensing and Controlling Authority, U. P. , for manufacturing the above items, which is renewed up to 31-12-2006. THE applicant company has to use inflammable material in its manufacturing process as such the company has installed adequate fire extinguishing system in the factory premises. THE annual maintenance of fire safety equipment has been given to M/s. Techso Engineers, Rudrapur (Udham Singh Nagar), who used to inspect and maintain the fire extinguishing equipment, like Fire Hydrant, installed in the factory premises.

(3.) THE opposite party No. 2 was served but no counter-affidavit has been filed. THE opposite party No. 1 has filed a counter-affidavit, which was sworn by Raghav Ram Mishra, the Sub-Inspector, who is the investigating officer of this case. It has been mentioned therein that the Magistrate has rightly took cognizance of the case. THE Company situated within the industrial belt was granted license for the same. It was further deposed that the company failed to install the adequate fire extinguishing system in the company premises and there were several irregularities, which resulted this incident. THE police came to the conclusion that it could be maximum a case of negligent act hence submitted charge-sheet under Sections 304-A, 285 and 287 Indian Penal Code.