LAWS(JHAR)-2012-3-31

CHANDRASHEKHAR AND DAYAMOY ROY Vs. STATE OF JHARKHAND

Decided On March 27, 2012
Chandrashekhar And Dayamoy Roy Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners and learned counsel for the State. This application has been filed for quashing of the entire criminal proceeding arising out of Jogta P.S. Case No.80 of 2005 (G.R. No.3698 of 2005) including the order dated 5.10.2006. whereby and whereunder the then learned Chief Judicial Magistrate, Dhanbad, took cognizance of the offences punishable under Sections 287, 304A of the Indian Penal code against the petitioners officers of Tata Steel who at the relevant point of time were posted at Sijua Colliery.

(2.) The facts giving rise to this application are that on 8.9.2005, one labourer, Jiten Turi while had gone to attend call of nature towards loading line, one tub came rolling down and hit said Jitendra Turi causing injuries, resulting into his death.

(3.) On such allegation, the case was registered as Jogta P.S. Case No.80 of 2005, under Sections 287, 304 of the Indian Penal Code. Upon submission of the charge-sheet, cognizance of the offences was taken vide the impugned order which is under challenge.