BALABHADRA DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) All the four accused persons have invoked inherent jurisdiction of this Court to bring an end to the prosecution against them. Since all the applications relate to the same proceeding, they are heard together and are disposed of in this common order.

(2.) On 26-1-1983, earth from a trench dug for construction of a Dam collapsed causing simple /grievous/fatal injuries to the various labourers working in the trench and nine valuable lives were lost. About three hours after. at about 3.30 p.m. Officer-in-Charge of the Police Station received information of the accident and proceeded to the spot. He drew first Information Report on his own information and after completion of investigation, he submitted charge-sheet against the four accused persons under Sections 337/338/ 304A I.P.C. On receipt of the order of sanction under section 197 (4) Cr. P.C. against public Officers. Learned Sub-divisional Judicial Magistrate took cognizance of the offences and directed issue of processes against all accused persons for appearance to face trial. Criminal Misc. Cases 529 of 1988,144 of 1989 and 752 of 1990 have been filed by the accused persons for quashing cognizance.

(3.) Executive Engineer in-charge of the Project, Assistant Engineer, Junior Engineer and representative of the Contractor who was executing the work on behalf of contractor are the four accused persons in this case. After sanction to prosecution, State Government appointed a committee to enquire and submit a report about the causes of accident. Committee in its report was of the opinion that Executive Engineer and the Assistant Engineer are not responsible for the accident. It however, reported, fixing responsibility of Junior Engineer and the contractor for the accident. After receipt of the report, the State Government instructed learned Public Prosecutor to withdraw from prosecution against the Executive Engineer and the Assistant Engineer. Accordingly, Public Prosecutor filed an application in Court on 15-12-1987 for permission to withdraw. On the finding that details are wanting, learned Sub-divisional Judicial Magistrate refused permission to withdraw. Criminal Misc. Case No.531 of 1988 has been filed by Executive Engineer and Assistant Engineer to set aside the said order.