FIROZ ABDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

(2.) This petition has been filed for quashing the entire criminal proceeding in C/7 Case No.7 of 2015, pending in the court of learned Chief Judicial Magistrate, Chaibasa for the offences punishable under Sec. 70, 72A and 72C(1)(a) of the Mines Act, 1952, including the order taking cognizance dtd. 6/2/2015, pending in that learned court.

(3.) The complaint case was filed stating therein in the court of learned Judicial Magistrarte 1st Class, Chaibasa, West Singhbhum on 30/1/2015 which was registered as C/7 Case no.07 of 2015. It was in the nature of a prosecution report filed by the Deputy Director of Mines Safety and Inspector of Mines, Chaibasa Region, Chaibasa. The allegations were made of commission of offences under Sec. 70, 72A and 72C(1)(a) of the Mines Act, 1952 against the petitioners herein. The petitioner no.1- Firoz Abdi @ Md. Firoz Abdi has been made accused in his capacity as the nominated owner of Parambaljori Iron and Mangenese Mine, Anindita Steel Ltd. and petitioner no.1- Sanjay Sinha has been implicated in his capacity as Agent of Parambaljori Iron and Mangenese Mine, 3rd accused-B.N.Trivedi, has been implicated in his capacity as Manager of Parambaljori Iron and Mangenese Mine. There was yet another, a 4th accused, impleaded as Sri Nand Kishore Jha, described as the truck driver of the Parambaljori Iron and Mangenese Mine. It has been alleged in the complaint that the complainant made inspection of the Mine on 20/8/2014 and 22/9/2014 into the causes and circumstances that lead to a fatal accident which took place on 11/8/2013, about which he came to learn on 20/8/2014. During the inspection and enquiry it was revealed that a moving truck ran over a loading supervisor (unqualified) who was approaching on motorcycle to the loading point near crusher situated within the mine boundary of an open cast mine, because of which he died on the way to hospital.