PRAVEEN KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. V.P. Singh, learned senior counsel appearing for the petitioners and Mr. Nawin Kumar Singh, learned A.P.P. for the State.

(2.) This petition has been filed for quashing of the entire criminal proceedings including the order taking cognizance dtd. 24/1/2011, by which cognizance for the offence under Ss. 278, 284, 337, 338, 308/34 of the Indian Penal Code has been taken, against the petitioners, in connection with Telco P.S. Case No. 116 of 2008 corresponding to G.R. No. 1150 of 2008, pending in the court of learned Chief Judicial Magistrate, Jamshedpur.

(3.) Telco P.S. Case No. 116 of 2008 was registered on the basis of fardbeyan of Pradip Chaudhary, S.I.-cum-Officer-in-charge with regard to the occurrence alleged to have taken place on 27/5/2008 stating therein that leakage of gas spread in the area from water plant situated near Truck park at Telco Colony and the people are being affected and feeling suffocation. The informant is alleged to have rushed to the place and took step for their treatment and sent them to Telco Main Hospital. The informant has further alleged that he enquired and found an enquiry that the gas was leaking from the said place. The Management of Tata Motors did not inform to the police authorities. According to the informant it was chlorine gas, which was leaking Chlorine gas was used to all the water plant but due to some negligence chlorine gas started leaking from the cylinder. The informant has further stated that Sec. 7A of the Factories Act 1942 cast obligation on the plant occupier to maintain the plant so that nothing untoward happen. The FIR further says that the plant has been given by Tata Motors to Tata water Supply Maintenance to JUSCO and JUSCO had deputed their officer G.S. Basu and Toumy Bith, who are managing the water plant and it was also their responsibility to take and provide safety measure, which was not done by them. It has also been alleged that A.K. Patil, G.M. Manufacturing wing and S.K. Ghatak, Supervisor did not take proper step for safety. It has also been alleged that B.K. Sarkar, Manager, Water Supply also did not take proper step and hence the case was instituted against plant head S.B. Borwankar, S.K. Patil, Manoj Rai, B.K. Sarkar, S.K. Ghatak, B.S. Basu, Taumi Bith.