TARASHISH MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. A.K. Kashyap, learned senior counsel for the petitioner and Mr. Manoj Kumar, learned counsel for the State.

(2.) This petition has been filed for quashing of the order dtd. 4/10/2016 passed by the learned District and Additional Sessions Judge-XIII, Dhanbad in connection with S.T. Case No.129/2016 arising out of Chirkunda (Panchet) P.S. Case No.270/2013, corresponding to G.R. Case No.4644/2013, pending in the court of the learned District and Additional Sessions Judge-XIII, Dhanbad.

(3.) The FIR has been instituted on the basis of self statement of S.I. Umesh Kumar Thakur, Incharge Panchet O.P. (Chirkunda P.S.) on 12/11/2013 at 17:00 hours alleging therein that on 11/11/2013 at about 12:30 hours the informant received an information on his mobile from one employee of CISF that in Sushil Incline, Basantimata Colliery, C.V. Area of M/s. B.C.C.L., a coal roof has fallen underneath the coal mine, in which some persons have become injured and some have died. On this information, the informant went to Sushil Incline and came to learn that due to roof fall some persons have sustained injury who had given first aid. The informant also inspected the place of occurrence and found two persons dead and came to learn that the said Sunshi Incline was closed in the year 2008, but it was again opened on 16/7/2013 by the order of the D.G.M.S. and while SDL machines was being extracting without any support there was an accident of roof fall, labourers present over there told that wooden support was less and about the same the information was given to the Management but no support was extended, as such, accident had taken place and the informant also came to learn that four persons died and dead bodies were extracted with the help of rescue team. It was further alleged that due to the lapses on the part of the official of the Management etc. the direction of the security was not complied, as such, accident had taken place, in which four persons have lost their lives and two persons have become injured. The accident has taken place on 11/11/2013 at 11:15 hours. On the basis of the said information, the present case was registered under Ss. 288, 337, 338, 304/34 of the Indian Penal Code against the petitioner and others.