HARE KANT JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Counsel for the State. The petitioner has challenged the entire criminal proceeding against him, in the F.I.R. in Boarijore (Lalmatia) P.S. Case No. 93 of 2001, instituted for the offence under section 304, 114 and 120-B of the Indian Penal Code and sections 21 and 23 of the Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as the 'M.M.D.R. Act').

(2.) The F.I.R. was lodged against all the management staff right from top to bottom, of the Eastern Coalfields Limited, all the staff of C.I.S.F. and all the security staff of Eastern Coalfields Limited, on the basis of the self statement of the Officer-in-charge of Lalmatia Police Station, who was informed on 26.9.2001 that in the mines of Eastern Coalfields Limited, some persons were committing theft of coal in course of which, there was an accident, in which several persons were buried in the mines. Upon information, the officer-in-charge went to the place of occurrence, and as it was not possible to remove the heap of earth, the pay loader was called for from the Eastern Coalfields management, and with the help of pay loader, the heap of earth was removed, in which twelve dead bodies were recovered. The case was instituted against the accused persons alleging that they were knowing about the illegal mining by the unauthorised persons from before, but even then no information had been given to the concerned authorities. The F.I.R. was accordingly, lodged against the accused persons for the offences under sections 304, 114 and 120-B of the Indian Penal Code and sections 21 and 23 of the M.M.D.R. Act. The petitioner being the Chief General Manager of the Project has also been made accused in this case.

(3.) This application was admitted for hearing by order dated 30.9.2002 and further proceedings against the petitioner was stayed.