ERAGAM SUDHIR RADDY Vs. HIMANSHU SOLEMAN

JUDGEMENT

(1.) This application is filed under section 482 Cr.P.C. and is directed against proceedings in criminal complaint No.1286/2011 pending before the Court of ACJM, Jhabua.

(2.) Brief facts are that the present applicant No.1 is Chairperson and Managing Director of IVRCL Infrastructures and Projects Ltd. and the applicant No.2 is Deputy General Manager and Factory Manager of the Company. According to the facts stated in the complaint, an accident took place in the batch mix plant of the company in which a labourer Mangalsingh died. As alleged in the complaint correct work procedure was not adopted and necessary security measures were not taken by the company due to which the accident occurred. The matter was enquired into by factory inspector and he prepared an enquiry report dated 15.06.2011 and thereafter based on this enquiry report the present complaint was filed before the Court of ACJM, Jhabua on 02.09.2011 under sections 7 -A(2) -(a) r/w section 73(e) and section 92 of Factories Act and also violation of corresponding rules under M.P. Factories Rules 1962.

(3.) According to applicants IVRCL Infrastructures and Projects Ltd. is a company incorporated under Companies Act 1956. The company is involved in road construction and was awarded project work by National Highway Authority of India to develop roads from Indore, Jhabua and Gujarat. The company had three units Indore, Dhar and Jhabua and separate site incharge were appointed for each projects. On 06.02.2011 at Jhabua unit an accident took place while a maintenance work was in progress. The labourer Mangalsingh was working in bitching plant suddenly sand and stone dropped on him due to which he sustained grievous injuries. He was taken to hospital where he was declared brought dead.