BINOD KUMAR MITTAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. This application has been filed for quashing of the order dated 8.3.2011 whereby and whereunder the then Chief Judicial Magistrate, Seraikella-Kharsawan took cognizance of the offences punishable under Sections 287 and 304(A) of the Indian Penal Code.

(2.) It appears that one Janmajay @ Jarmendra Manjhi who was working in M/s. Mohit Deo Flour Mill died when he met with an accident on 24.8.2010 while he was working in the factory. When such information was given to the Factory Inspector, he visited the Flour Mill. He having enquired into the matter found that since the plant shifter had not been fenced and that the work was being taken over that machine without there being any supervision of supervisor, accident took place in which the deceased died.

(3.) On coming to such finding, a complaint was lodged which was registered as G.P. No. 125 of 2010 in which cognizance of the offence under Section 92 of the Factories Act was taken, vide order dated 23.11.2010.