ANIL KUMAR SINGH Vs. STATE (GOVERNMENT OF INDIA)

JUDGEMENT

(1.) The five Petitioners, who all hold the managerial positions in the Mahanadi Coalfields Limited (MCL), have filed this petition seeking the quashing of the complaint case i.e. 2(c) C. C. No.9 of 2014 in the Court of Sub-Divisional Judicial Magistrate, (SDJM) Sundargarh as well as the order dtd. 22/9/2015 passed by the said SDJM taking cognizance of the offences under Ss. 73, 72 A, 72-C(1)(a) of Mines Act, 1852 against the Petitioners.

(2.) The above case was registered on a complaint by the Inspector of Mines appointed under Sec. 5 of the Mines Act, 1952 arising from a fatal accident at the Kulda OC Mine, village Balinga, PS Hemgir, District Sundergarh in which, while salvaging remnant coal from the toe of an external overburden dump of an opencast coal mine, 13 persons died due to serious bodily injuries. The complaint listed out numerous violations that were observed when the complainant made an inspection and inquiry on 11th, 12th and 13/9/2013 into the causes and circumstances that led to the said accident.

(3.) Inter alia, it is stated that the five Petitioners herein were at the relevant time entrusted with the oversight of the mining operations and strict compliance of the provisions of the Mines Act, 1952 as well as the Rules, Regulations and Orders made thereunder.