RABINDRA AGARWAL Vs. STATE OF JHARKHAND AND ANR.

JUDGEMENT

(1.) This application has been filed for quashing the entire criminal Proceeding of Gamharia (Kandra) P.S. case No. 17 of 2008 (G.R. No. 146 of 2008) including the order dated 16.1.2009 passed by the learned Chief Judicial Magistrate, Seraikella wherein cognizance of the offences under Sections 287, 337, 338 and 304A of the Indian Penal Code has been taken.

(2.) The facts giving rise this application are that one Lal Tudu gave his Fardbeyan on 2.3.2008 stating therein that while he, being a contract labour, was on duty along with other labourers on 28.2.2008 at kiln, a unit of factory known as M/s. Adhunik Alloys and Power Limited, they were informed that the temperature of the kiln has fallen to zero. On getting this information, when he and other three labourers came to transfer Chute along with the Assistant Engineer for making inspection, sponge iron fell down from the inner roof of the chamber, as a result of which temperature shoot up suddenly to a great extent and on account of that they received bum injuries. It has been alleged that Management never cared to supply safety equipment} though the labourers were working at dangerous places and due to negligence on the part of the Management, the accident took place.

(3.) On the said Fardbeyan, Gamharia (Kandra) P.S. case No. 17 of 2008 was instituted under Sections 287, 337, 338 but subsequently Section 304A of the Indian Penal Code was added as one of the workers succumbed to burn injuries.