MAYANK TIWARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ application has been filed for quashing of the entire criminal proceeding in relation to Bistupur Police Station Case No.11/2008 dated 13.08.2008, corresponding to G.R.No.90/2008 registered under sections 287/304A of the Indian Penal Code, pending in the Court of Sri B.K.Pandey, Judicial Magistrate, Jamshedpur.

(2.) The facts of the case, in brief, is that father of informant namely, Ghasi Ram Mahto (deceased) was a permanent employee of TISCO. It is alleged that on 12.01.2008,at about 05:00 a.m. a blast took place in the blast furnace. Due to that the platform, on which deceased was standing, fell down and deceased received burn injury. It is further stated that deceased was brought to T.M.H. for treatment, where he died due to the injuries sustained by him.

(3.) It is stated that TISCO Management gave information to the Inspector of Factories regarding the accident vide its letter dated 13.01.2008. It is further stated that Inspector of Factories conducted inquiry and come to the conclusion that there was no violation of any rules or provisions of Factory Act. Thus, he didn't file any complaint against the Management and/or these petitioners for their prosecution under the Factories Act. It is stated that later on the son of deceased gave information to the police regarding the occurrence, accordingly, Bistupur Police Station Case no. 11/2008 dated 13.01.2008 registered under sections 287/304A of the Indian Penal Code. It further appears that after investigation police submitted charge-sheet against the petitioners under sections 287/304A of the Indian Penal Code. Accordingly, the court took cognizance of the aforesaid offences.