PIYUSH MANDHYAN Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Satish Kumar Ughal, learned counsel appearing for the petitioners and Mr. Rajeeva Sharma, learned senior counsel appearing for the opposite party no. 2.

(2.) In this application the petitioners have prayed for quashing of the entire criminal proceedings in connection with Pakur (Malpahari) P.S. Case No. 73 of 2007 including the order dated 20.08.2007 passed by the learned Chief Judicial Magistrate, Pakur by virtue of which cognizance has been taken for the offences punishable under Sections 304/34 of the Indian Penal Code.

(3.) A First Information Report was instituted being Pakur (Malpahari) P.S. Case No. 73 of 2007 wherein it was alleged that the husband had gone for his duties in the Stone Quarry situated at Mouza - Bishunpur wherein on account of falling of a bolder he succumbed to his injuries. It has been alleged that the Foreman and Mate of the Company have not provided sufficient security which resulted in the incident. Upon completion of the investigation charge-sheet was submitted by the police and subsequent thereto vide order dated 20.08.2007 cognizance was taken by the learned Chief Judicial Magistrate, Pakur for the offences punishable under Sections 304/34 of the Indian Penal Code.