BHAWAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. is filed for quashment of proceedings initiated by respondent/State and pending in the Court of Judicial Magistrate First Class, Indore as Crime No.36599/2013.

(2.) Brief facts giving rise to this application are that the present applicant is a construction contractor, who was engaged by M/s Sunny Developers to carry out construction activity at site of Kingdom Heights Building, Indore. An accident took place at the site on 27.02.2013 in which worker Sanjay Yadav suffered electrocution and died. The inspection was done by the inspector under the provision of The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (hereinafter called 'the Act') and found that the present applicant failed to provide constant and adequate supervision at the site and also he failed to ensure compliance with the provisions of the Act relating to safety and for taking necessary steps for prevention of accident. The Inspector filed a complaint under Section 47 of the Act before the Court of Chief Judicial Magistrate, Indore. The learned Chief Judicial Magistrate in Criminal Case No.27282/2013 vide its order dated 30.11.2013 convicted the present applicant and imposed fine of Rs.8,000/ - (on four counts). The present applicant paid the fine. The receipt is Annexure P -3.

(3.) Subsequent to this, in respect of the same incident, a crime was registered by Police Station - Chandar Nagar, Indore as Crime No.1159/2013 under Section 304 -A of IPC and after investigation, a charge -sheet was filed which was registered as Criminal Case No.36599/2013.