ONKARMAL AGARWALLA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application for quashing the order, dated 28th of July, 1971 by which the learned Munsif Magistrate took cognizance of an offence punishable Under Section 69 of the Mines Act, 1952 (hereinafter referred to. as 'the Act'). It appears that on receipt of a written complaint from Deputy Director of Mines Safety Dhanbad No. II Region, Dhanbad the learned Magistrate took cognizance of an offence punishable Under Section 69 of the Act against the petitioner Onkarmal Agarwalla owner (Receiver) of Khudia colliery, P. O. Nirshachati, Dist. Dhanbad and this case was registered as C. M. A. Criminal Case No. 45 of 1971 T. R. No. 1359 of 1971, The allegation made against the petitioner is that in contravention of the provisions of Section 17 of the Act and Regulation 31(1)(a) of the Coal Mines Regulations, 1957, he failed to appoint a Manager for the Kudia Colliery for the period from 5-5-1971 to 30-5-1971 and that during the said period the mine had been worked without a duly qualified Manager.

(2.) Section 17 of the Act reads thus :

(3.) Regulation 31(1)(a) says :