SANJAY KHARE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties. This application has been filed for quashing of the entire criminal proceeding of Baghmara (Mahuda) P.S. Case No.179 of 2010, including the order dated 5.01.2011, whereby and whereunder, cognizance of the offences punishable under Sections 379 and 304 of the Indian Penal Code has been taken against the petitioner, a Project Officer, B.C.C.L. It is the case of the prosecution that when the step-mother of the informant was extracting coal from a colliery, over-burden earth and stone fell on her, as a result of which, she died. On such allegation, case was lodged on a premise that since safety measures had not been taken to prevent such kind of occurrence, this occurrence has taken place.

(2.) ON such allegation, a case was registered as Baghmara (Mahuda) P.S. Case No.179 of 2010 under Sections 379 and 204 of the Indian Penal Code. After submission of charge-sheet, cognizance of the offences was taken against the petitioner, which is under-challenge in this application. Learned counsel for the petitioner submits that taking the entire allegations levelled against the petitioner to be true, no offence is made out either under Section 379 or 304 of the Indian Penal Code and hence, entire criminal proceeding including the order taking cognizance is fit to be quashed.

(3.) ACCORDINGLY , the entire criminal proceeding of Baghmara (Mahuda) P.S. Case No.179 of 2010 (G.R. No.2775 of 2010), including the order dated 5.01.2011 under which cognizance of the offences punishable under Sections 379 and 304 of the Indian Penal Code has been taken against the petitioner, is hereby, quashed. In the result, this application stands allowed.