- (1.) K. N. Sinha, J. By means of the present application under Section 482 Cr. P. C, the petitioners have prayed the quashing of criminal proceedings of Criminal Case No. 1654/2006 under Sections 304 and 201 Indian Penal Code, police station Civil Lines District Rampur (State v. Surendra Kumar Gupta and Ors.), pending in the Court of Chief Judicial Magistrate, Rampur.
(2.) THE facts of the case are that M/s. Swati Menthol and Allied Chemicals Ltd. , situated at Bareilly Road, Rampur is a public limited company and engaged in manufacturing of Menthol, Crystals, Peppermint Oil etc. THE Company has been accorded the status of 'export House' in the year 2003, by the Ministry of Commerce and Industry in India. THE applicant No. 1 is Managing Director of the company and other applicants are connected with the affairs and the management of the company. THE company has a license from Drug Licensing and Controlling Authority, U. P. , for manufacturing the above items, which is renewed up to 31-12-2006. THE applicant company has to use inflammable material in its manufacturing process as such the company has installed adequate fire extinguishing system in the factory premises. THE annual maintenance of fire safety equipment has been given to M/s. Techso Engineers, Rudrapur (Udham Singh Nagar), who used to inspect and maintain the fire extinguishing equipment, like Fire Hydrant, installed in the factory premises. As per prosecution case, a fire broke in the Distillation Tower of Factory on 15-2-2006 between 10. 30 a. m. to 11. 00 a. m. due to carelessness of the applicants and there was no proper arrangement for fire extinguishing by the water etc. hence many persons had burnt, out of which few died and many of them were injured. On this information, a case was registered at case crime No. 297 of 2006 under Sections 304and 201 Indian Penal Code in police station Civil Lines, Rampur. The case was investigated and charge-sheet was submitted under Sections 304-A, 285 and 287 Indian Penal Code. The order of the Chief Judicial Magistrate (Annexure No. 12) shows that Investigating Officer had prayed to convert the warrant into Sections 304-A, 285 and 287 Indian Penal Code from Sections 304 and 201 Indian Penal Code, but the Chief Judicial Magistrate, Rampur did not agree and rejected the said application and took cognizance. By order dated 21-3-2006, the Chief Judicial Magistrate Rampur registered the case and issued summon to the accused under Sections 304 and 201 Indian Penal Code. The allegations were that fire extinguishing arrangement was not proper and it was due to a negligence of the management that this occurrence took place. According to the version of the applicants, the company had given the contract for annual maintenance of its fire safety equipment to M/s. Techso Engineers Rudrapur (Udham Singh Nagar ). The aforesaid company has taken the task of inspecting and maintenance of all the fire extinguishing system installed in the factory premises. When fire broke in the factory premises, the fire brigade of the area was also informed, who undertook the work of extinguishing the fire. The U. P. Fire Services also filed a report which came to the opinion that every instrument was properly working and the electric motor was jammed which gave sparking and fire had broken out. Ultimately the charge-sheet was submitted under Sections 304-A, 285 and 287 Indian Penal Code by the Investigating Officer.
(3.) THE opposite party No. 2 was served but no counter-affidavit has been filed. THE opposite party No. 1 has filed a counter-affidavit, which was sworn by Raghav Ram Mishra, the Sub-Inspector, who is the investigating officer of this case. It has been mentioned therein that the Magistrate has rightly took cognizance of the case. THE Company situated within the industrial belt was granted license for the same. It was further deposed that the company failed to install the adequate fire extinguishing system in the company premises and there were several irregularities, which resulted this incident. THE police came to the conclusion that it could be maximum a case of negligent act hence submitted charge-sheet under Sections 304-A, 285 and 287 Indian Penal Code. The rejoinder affidavit has been filed in which the allegations of the counter-affidavit have been denied and the contents of the affidavit have been reiterated.;