SIDDHARTHA MISRA AND ORS. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this application, the petitioners have prayed for quashing the entire criminal proceeding in connection with F.A. No. 01 of 2012 including the order dated 22.08.2012 passed by the learned C.J.M., Bokaro, whereby and whereunder cognizance has been taken for the offence punishable under section 92 of the Factories Act.

(2.) The prosecution story as would appear from the prosecution report filed by the Factories Inspector, Bokaro Circle No. 2, Bokaro, is that M/s HPCL New Depot Project, BIADA, Balidih, Bokaro is an unregistered factory, whose documents relating to the registration have not been submitted in the office of the Factories Inspector.

(3.) It has been stated that the construction work was being carried out at the site by different agencies, in which around 150 workers were engaged in construction of buildings and oil tanks. It has been alleged that on 3.4.2012, when work was being done at the southern corner of under construction plant by one Mukesh Kunwar Singh and Shri Pintu Kumar Singh under the supervision of Shri Atul Kumar, Site Engineer of M/s Ram Kripal Singh Construction Pvt. Ltd., Mukesh Kunwar Singh was suddenly hit on the head by a steel column and resultantly he died. It has further been alleged that if there had been proper invigilation by the Management and if the worker had been stopped from going to the place of accident, the incident might not have happened and in such circumstance the Management has violated the directions as given in Section 7A (2(c) of the Factories Act, 1948 and is also violative of Rule 55A (2) of the Jharkhand Factories Rules, 1950.