SANKAR ACHARYYA, J. - (1.) This application under Section 482 of the Code of Criminal Procedure (in short Cr.P.C.), 1973 has been filed by petitioner M/S. ABG Kolkata Container Terminal Pvt. Ltd. against opposite party S.K. Dwivedi, Deputy Director (Safety), Inspectorate Dock Safety, Ministry of Labour, Government of India (hereinafter call as complainant) for quashing of the proceeding of the Case no. 152 of 2013 under Section 14 (2) (b) of the Dock Workers (Safety, Health and Welfare) Act, 1986 for breach of regulations 85 (6), 111 and 116 (3) read with Regulation 7 (4) (b) of the Dock Workers (Safety, Health and Welfare) Regulations 1990 pending before the learned Metropolitan magistrate, 19th Court at Calcutta including the order dated 02.12.2013 passed in connection therewith.
(2.) The petitioner company is one of the two accused persons in Case No. 152 of 2013 brought by opposite party as complainant and that case is pending in the 19th Court of Metropolitan magistrate, Calcutta. Petitioner Company is engaged in business of import and export in the port of Calcutta. In the process of said business the petitioner company undertakes loading/unloading of containerized cargo from ships which is a dock work as per law. On
(3.) 12.2012 in the second shift containers were being loaded on to the ship from shore at 05 NSO with the help of a trailer and reach stacker (RST No. 5) by petitioner company. At about 16:00 hours (4:00 p.m.) a dock worker Swapan Kumar Dubey, porter of Kolkata Port Trust was proceeding through block No. 9 of Container Parking Yard (in short C.P.Y.). Suddenly said RST No. 5 (Supra) of petitioner company hit Shri Dubey moving the RST reverse direction resulting fall of Shri Dubey on the ground and his right leg was run over by rear wheel of the RST. His leg was badly injured and ultimately it was amputed. Alleging such facts the complaint was lodged against petitioner company and its managing Director as accused persons under Section 14 (2) (b) of the Dock Workers (Safety, Health and Welfare) Act, 1986 on the ground of Violation of Regulations 85 (6), 111 and 116 (3) read with Regulations 7 (4) (b) of the Dock Workers (Safety, Health and Welfare) Regulations, 1990. 3 Receiving such complaint learned Additional Chief Metropolitan Magistrate, 2nd Court, Calcutta took cognizance of the offence on 02.12.2013 and order was passed for issuing summons upon the accused persons on that date.;