MAHANADI COALFIELDS LTD Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner, which is a government owned company and a subsidiary of the Coal India Limited, has called in question the police action by the I.I.C., Orient P.S. on the basis of F.I.R. lodged by one Surubali Oram alleging death of her son Amit Oram in an accident that happened inside the mines. The sole question that arises for consideration is whether the police being oblivious of Sections 4 and 5 of the Cr.P.C. can take action against the petitioner company and its officers under the general penal law when the Special Act (Mines Act, 1952) provides for specific procedure in case of accident that happens inside a mine.

(2.) A compendium of fact relevant for disposal of this Criminal Misc. Case is as follows : -

(3.) MR . B.M. Pattnaik, learned senior counsel appearing for the petitioner submits that Section 23 of the Mines Act provides for intimation / notice to the competent authority in accordance with Section 23 of the Mines Act read with provisions of the Coal Mines Regulation 1957. Such notice having been given, enquiry has already been initiated. Section 72 -C of the Mines Act provides for punishment in respect of contravention of law in the event any dangerous result ensues for such contravention. When there is specific provisions in the Mines Act to deal with the accident that happened inside the mines and when any of the ingredients of offence under Sections 287 and 304 -A, I.P.C. is not attracted, it is not proper on the part of the Orient P.S. to initiate action on the basis of the F.I.R. lodged by the mother of the deceased Mazdoor.