- (1.) The instant criminal revisional application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner Shri Ajit Kumar Gulati with a prayer for quashing the investigation started by the Ranigunj Police Station against him in connection with Ranigung P.S. Case No. 68 dated 26.4.91 under Sections 338/304A/427 of the Indian Penal Code.
(2.) The case of the petitioner was in brief that he was one of the Directors of M/s. Eastern Coalfields Limited and that he was appointed as Director (Technical) of the said concerned vide letter of appointment dated 10.4.91. The further case of the petitioner was that he was a highly educated person and even visited France and U.K. for his training in Modern Mines Technology. But unfortunately it so happened that within a period of about 12 days from the date of his joining the Eastern Coalfields Limited, a 'C' type residential building located at Chapuikhas colliery collapsed all of a sudden causing serious injuries to the de facto complainant-informant, his wife and his brother-in-law and also causing the death of the complainant's sister and daughter. Such a 'C' type residential accommodation as collapsed was allotted to the de facto complainant-informant, who while lodging FIR in respect of the present incident alleged that although he made several representations before the authorities concerned about the dilapidated condition of the building, but no tangible result flowed there from. Ultimately the said delapidated building prematurely collapsed on 23.4.91 injuring three persons and killing two other persons. In the FIR de facto complainant in formant even alleged that all his household materials including ornaments, clothing etc. were buried in the earth and lost. According to the petitioner he had no hand in such premature collapse of the building inasmuch as the building in question was constructed as long back as in 1983 when the petitioner was not at all in picture as he joined the Eastern Coalfields Limited only on 11.4.91 i.e., about 12 days before the unfortunate incident. Besides, according to the petitioner, a Committee of Enquiry was appointed by the Management for fixing responsibility in the matter and such a Committee gave its findings to the effect that the Contractor, Executive and Supervisory Staff, who worked in connection with the construction of the fateful building during 1981 and 1983 were responsible for such collapse. To be more specific, according to the said Committee of Enquiry, the General Manager, Area Manager (Civil), collery Engineer (Civil), who were in service during the period of construction in 1983 were responsible for such building- collapse. According to the petitioner there was no allegation by name against him in the FIR and that there was no material on record to connect him with the incident of building-collapse. But nonetheless the Police were trying to harass and humiliate him and hence the prayer for quashing the proceeding against him.
(3.) I have had the opportunity of hearing Shri Dilip Dutta, learned Counsel for the petitioner, at length in the matter, but none represented the State in this hearing.;