PRAKRITI KANT SARAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed for quashing the proceeding of G. R. Case No.2348 of 2006 pending before the Court of Learned Additional Chief Judicial Magistrate, Barrackpore with reference to the Jagatdal P. S. Case No.337 dated 08.09.2006 under Sections 325/304/34 of the I.P.C.

(2.) The facts giving rise to the filing of this application for quashing of the proceeding are that the petitioner is the Vice-President of Anglo India Jute Mill situated within the police station Jagatdal, District North 24 Parganas. On 08.09.2006 at 21-50 hours while the employees of the said mill were working, the entire roof of the mechanical department of the said mill collapsed and a good number of workers were buried under the debris. As a result, six workers of the mill died on the spot and another was in critical condition and he was admitted to a hospital. On the basis of a written complaint, Jagatdal Police Station started a criminal case under Section 325/304/34 of the I.P.C. against the present petitioner and other officers of the management. Now the petitioner has come up with this application for quashing the proceeding on the ground that according to the provisions of Section 92 of the Factories Act, the occupier and Manager of the said factory shall be guilty for the offence and so he has made the prayer for quashing the proceeding. I have perused the case diary of the G. R. Case No.2348 of 2006 with regard to the relevant Jagatdal P. S. Case No.337 dated 08.09.2006 under Sections 325/304/34 of the I.P.C. Having considered the submissions of the learned Advocate of both the sides and on perusal of the materials on record and also on consideration of the C.D., I find that the petitioner is the Senior Vice-President of the Anglo India Jute Mill situated under the Police Station Jagatdal, District North 24 Parganas. This factory is going on for a long period since the British time. Previously, some portion of the roof collapsed resulting in death of one workman of the said mill.

(3.) The representatives of the worker met the management for repair of the roof of the same but the management did not pay any heed to the request of the workers. Thereafter, the said accident took place resulting in spot dead of six workers and serious injury of one person who was admitted to a hospital at once. The Jagatdal P. S. started investigation on the basis of a complaint under the above noted Sections which are the general law of the land. This has nothing to do with the provisions of the Factories Act.