NARESH Vs. STATE OF M P

JUDGEMENT

(1.) Heard .

(2.) This application under section 482 of Cr.P.C. has been filed for quashment of the complaint filed against the present applicants under sections 7 -A(2)B, 7 -A(2)C and Rules 73 -E read with section 92 of the Factories Act. Brief facts relating to this application are that on 14.11.2011, an accident took place in the factory of which the present applicants were managers and the name of the factory was Bhandari Foils and Tubes Limited. At the time of accident, at about 10 a.m., a Coil weighing two tonnes was unloaded with the help of a Crane from the truck and was placed on the Trolly which was operated on a rail track by pushing it manually. The Coil was placed in vertical position on the Trolly. The width of Coil was 25.5 cm while its diameter was 5 feet. It was not properly tied with the help of the rope to the Trolly. As a result, when the Trolly was being pushed by one labourer Manohar Mandloi and his assistant and the Trolly was not moving further, the deceased Amratesh Jain tried to help them. They were pushing the Trolly and at that moment, the Coil fell down from the Trolly over the deceased Amratesh Jain and due to which, he sustained serious brain injuries and subsequently died. The enquiry was made by the Factory Inspector Rajesh Yadav and on the basis of his enquiry the complaint under section 92 of the Factories Act was filed before the Chief Judicial Magistrate, District Dewas.

(3.) Apart from this, complaint on the basis of the same facts, another charge -sheet under section 304 -A and 279 of IPC was also filed by Police Station Industrial State, District Dewas.