NEERAJ VERMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. is for quashment of proceedings in Criminal Case No.10293/2010 pending before Judicial Magistrate First Class, Indore under Sections 287, 304-A of IPC. According to the averments in the application, the petitioner-Neeraj Verma is Manager of M/s Vindhya Paper Factory, Sanwer Road, Indore. On 11.11.2010, maintenance work in the pulp chamber of the factory was in progress. Some poisonous gas erupted from the gas chamber, which was inhaled by two workers- Lakhan and Manish. They suffered death after haling the poisonous gas and other two workers went unconscious. The matter was informed to Police Station-Banganga, District-Indore where a merg under Section 174 of Cr.P.C. was registered. After merg inquiry, crime No.997/2010 was registered by the Police Station under Section 287 and 304-A of IPC. After due investigation, a charge-sheet was filed against the present petitioner, which was registered as RT No.10293/2010.

(2.) The Factory Inspector under Factories Act, 1948 also initiated inquiry under Section 92 read with section 105 of Factories Act, 1948 (hereinafter called the 'Act'). The Chief Judicial Magistrate, Indore commenced the trial in both the cases separately. The case filed on the complaint of the Factory Inspector was registered as Criminal Case No.27864/2010 under Sections 36, 7(A), 32(B), 31, 73 read with section 92 of the Act. The petitioner was fined Rs.1,05,000/-. After suffering conviction in case No.27864/2010, the proceedings in RT No.10293/2010 became infructuous. In view of the provisions of Section 300 of Cr.P.C., now the petitioner cannot be punished twice for the offence based on the same set of facts.

(3.) This application is filed on the ground that (i) offence under Sections 92 of the Act and 304-A & 287 of IPC are based on the same set of facts, and therefore, both the cases cannot run simultaneously.