S K CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is one of the accused persons against whom the learned Chief Judicial Magistrate Dhanbad in C. M.A. Case No. 5 of 1978 by order dated 9 -8 -78 directed to issue summons for standing trial for an offence alleged to have been committed under Section 72C(i) (a) and (b) of the Mines Act 1952 (hereinafter referred to as "the Act").

(2.) On 4 -10 -1977 at about 8.40 A.M. an accident took place at Sudamdih Shaft mine Steam 15.43 workmen were killed and a large number of workmen were injured due to accident. Under Section 24 of the Act, a Court of Enquiry was constituted by the Central Government. After receipt of the report of the Court of enquiry, complaint was filed by the opposite party in the department of Mines (Safety) Dhanbad. By the impugned order, the learned Chief Judicial Magistrate, Dhanbad took cognizance of an offence as stated above and also directed for issuing summons against the petitioner and the other accused persons named in the complaint petition.

(3.) Mr. S.C. Banerjee, learned Counsel appearing on behalf of the petitioner has challenged the legality of the impugned order on the ground that the order for issuance of summons against the petitioner was an abuse of the process of the Court. In support of this contention he submitted that during the period 29 -9 -1963 to 3 -10 -1976 the petitioner was on leave. He joined on 4 -10 -1976 at about 12 -20 P.M. when the measure was sent to him about the accident that took place in the colliery. On the basis of this he submitted that he was on leave he cannot be held responsible for the accident that took place before he assumed duty. In my opinion, this is a question of fact and this Court at this stage cannot interfere.