S.K.PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has challenged the order dated 28.6.2010 passed by the learned JMFC, Bhopal (Shri Hemant Savita) in R.T.No.23511/2006, whereby the application filed by the applicants relating to the provisions of section 197 of the Cr.P.C. was dismissed.

(2.) The facts of the case, in short, are that, the applicants are Chief Workshop Manager and Deputy Chief Workshop Manager in the factory of Coach Rehabilitation Workshop, Nishatpura, Bhopal. On 26.6.2006, repairing work of roof was being done by various labourers namely Ashok, Bir Singh, Brijesh and Jagdish on behalf of a contractor M/s O.P.Meghani. In that factory, asbestos cement sheets of roofs of various sheds were to be changed and therefore, a contract was given to M/s O.P.Meghani. On 26.6.2006 during removal of the AC sheets, one labourer Bir Singh fell from the roof and during his treatment, he succumbed to the injuries. After due enquiry, the factory inspector, Bhopal has lodged a criminal complaint against the applicants. The applicants have moved some applications before the trial Court as objections. Out of them, one application was moved under section 197 of the Cr.P.C. that the applicants were public servants as defined under section 21 of the IPC and therefore, without getting sanction under section 197 of the Cr.P.C., no complaint could be prosecuted against them.

(3.) The learned JMFC after considering the submissions made by the learned counsel for the parties, dismissed the application.