ARVIND KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the opposite parties.

(2.) THE petitioners are aggrieved by order dated 23.12.2011 passed by Ms. Richa Srsivavata, learned Judicial Magistrate 1st Class, Dhanbad, in C.M.A. Case No. 193 of 2011, whereby cognizance has been taken against the petitioners for the offences under Sections 72A, 72C(1)(a) and 72C(1)(c) of the Mines Act. The petitioners have also prayed for quashing the entire criminal proceeding against the petitioners in this case.

(3.) ENQUIRY was held by the O.P. No. 2, being the Dy. Director of Mines Safety, wherein it was found that there were violations of various regulations of the Coal Mines Regulation, 1957 and other statutory provisions and accordingly, the complaint was lodged against these petitioners being the Manager, Safety Officer and other officials of the Mines. On the basis of the written complaint and on the basis of the materials available on record, the learned Magistrate took cognizance for the offences under the Mines Act, as aforesaid, against the petitioners, which has been impugned in this petition.