BINOD KUMAR DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioners and learned counsel appearing for the State. This application has been filed under section 482 of the Code of Criminal Procedure for quashing the first Information Report of bistupur P. S. case No. 49/2006 corresponding to G. R. case No. 409/2006 whereby the case under Section 304 of the Indian Penal Code has been registered against the petitioners and others. Before adverting to contentions raised on behalf of the petitioners the facts of the case needs to be noted which are as follows:

(2.) IT appears that one Jadunath Soren lodged first information report on February 21, 2006 stating therein that one H. K. Singori and company was assigned a job by the management of TISCO for cleaning the Bins in the Sinter Plant area and that he as well as other two persons, namely, Ajay Kumar Dhal and sukhdeo Karmakar being employees of the said h. K. Singori and Company were asked to clean the Bins and while they were cleaning wall of the Bins the column of dust (sic) in, as a result of which it fell upon the two persons, namely, ajay Kumar Dhal and Sukadeo Karkamar and both of them died. Thereupon, a case was registered under Section 304 of the Indian Penal code against the petitioner No. 1, Chief of the plant and petitioner No. 2, Head of the plant and also against other accused persons.

(3.) BEING aggrieved with that, the petitioners have come before this Court whereby they have prayed for quashing of the first Information Report. Learned counsel appearing for the petitioners submits that the allegation made in the first information report is covered under the provisions of Section 92 of the Factories Act which is penal in nature and the provisions of the Factories Act, 1948 being a special legislation will have overriding effect upon the provisions of general law and, therefore, any prosecution under the general law is not permissible and hence the First Information report is fit to be quashed.