(1.) Heard learned counsel appearing for the petitioner and learned counsel for the State. This application is directed against the order dated 25.5.2009, passed by the then learned Chief Judicial Magistrate, Seraikella, in Gamaharia P.S. Case No. 93 of 2008, (G.R. No. 882 of 2008), whereby and whereunder, cognizance of the offences punishable under Sections 287 and 304A of the Indian Penal Code was taken against the petitioner.
(2.) The case of the prosecution as it appears from the First Information Report is that one Prabhat Pillai who was working at Aadhunik Alloy and Power Ltd., was asked to do repairing of a conveyor belt and while he was doing so one Puran Chand Maharathi put the switch on as a result of which hand of Prabhat Pillai got crushed in the conveyor/belt. Subsequently he succumbed to injuries. When such information was given by one Rajendra Puhan, a case was registered as Gamaharia Kandra (O.P.) P.S. Case No. 93 of 2008, under Sections 287 and 304A of the Indian Penal Code not only against Puran Chand Maharathi, but against this petitioner working as Assistant General Manager, Mechanical and one other person.
(3.) Upon submission of charge-sheet cognizance of the offences as aforesaid was taken against all the three persons.