BAL KRISHNA SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Counsel for both the sides.

(2.) This revision is directed against the order dated 19.3.2002 passed by Judicial Magistrate, Dhanbad in Govindpur (Barwada) P.S. Case No. 61 of 1996 corresponding to G.R. Case No. 1077 of 1996, whereby the Court below has rejected the prayer for discharge of the accused-Petitioner Bal Krishna Sharma and fixed the case for framing of charge.

(3.) According to the prosecution case, it is alleged that on 12.4.1996, informant Basiruddin Ansari, who is a Mansion along with other Mansions, was doing the plaster work in newly constructed garage in the factory, namely, M/s Bihar Hard Coke Manufacturing Company Pvt. Ltd., situated at Dhanbad. In the meantime, the garage collapsed and one Mansion Majid Ansari died and other Mansions including the informant Basurriddin Ansari were injured. On the basis of the fardbeyan of Basuruddin Ansari, Govindpur (Barwada) P.S. Case No. 61 of 1996 corresponding to G.R. No. 1077 of 1996 was instituted for the offence under Sections 288, 337, 338 and 304A of the Indian Penal Code and investigation was taken up. After investigation, the police submitted charge sheet against the accused-Petitioner Bal Krishna Sharma showing him to the Manager of the factory.