LALA STEEL PRIVATE LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned counsel for the petitioner and Mr. Sachin Kumar, learned Additional Advocate General-II appearing for the respondent-State.

(2.) This criminal writ petition has been filed for quashing the order dated 15.01.2018 passed by the learned Sub-Divisional Magistrate, Chas in connection with M.P. Case No. 03/2018, whereby, proceeding was initiated against the petitioner under Section 133 Cr.P.C.

(3.) A written report has been made by Rajesh Bauri before the Officer-inCharge of Chas Police Station alleging therein that adjacent to his house there is one iron-sheet cutter-cum-godown of Gangotri Market Company and in the south side of the said godown, there is 325 feet boundary wall and height of the wall is about 15 feet and his house is south side to the said wall, which has been given on rent to one Ganjhu Manjhi and whenever there is cutting work of iron-sheet in the godown, vibration took place in the said wall. Rajesh Bauri has also made complaint for this to the Manager of the godown, who assured him that he will inform the same to the owner of the company and repair work of the wall will be done. On 21.11.2017, whole wall has fallen on his house during the renovation work and his mother and daughter of Ganjhu Manjhi has been yielded in the debris of the wall and after rescue from the debris, both were found dead. On the basis of the said information, a case being Chas P.S. Case No. 290 of 2017 corresponding to G.R. No.1498 of 2017 for the alleged offence under Section 288, 304A, 120-B/34 I.P.C. has been registered against the accused persons.