- (1.) This writ application has been filed for quashing the entire criminal proceeding of complaint case, bearing C-2 case no.4 of 2002 including the order dated 4.1.2002 passed by the Chief Judicial Magistrate, Jamshedpur whereby and whereunder cognizance of the offence was taken against the petitioner under Section 92 of the Factories Act.
(2.) The facts giving rise this application are that for expansion of the Jojobera cement plant, being run by M/s. Lafarge India Limited, a cement manufacturing company registered under the Factories Act in order to increase the production capacity of the cement, a contractor, namely, M/s. Petron Civil Engineering Pvt. Ltd., to which the petitioner as a Senior Manager, was assigned with the job of civil construction whereas the other contractor, namely, M/s. Hajee A.P.Bava and Company was assigned with the job of erection of plant and equipments. In that course a cement mill building was constructed by M/s. Petron Civil Engineering Pvt. Ltd., where opening measuring 6' x 3' was left on each floor, i.e. elevator floor, separator floor and bag filter floor, though those spaces were required to be fenced or covered for the purpose of safety. As the space had not been fenced or covered, one Pramod Kumar Gupta, a worker, working under the contractor, namely, M/s. Petron Civil Engineering Pvt. Ltd. when was going to Silo from the separator floor, fell down from a height of 21.5 meter and died.
(3.) When the matter was informed to the Inspector of Factories, Jamshedpur, Circle No.1, he made enquiry and came to the conclusion that neither M/s. Lafarge India Limited nor the contractor took any measure for covering or fencing the open space, as a result of which Pramod Kumar Gupta, a worker fell down and died. Thereupon a complaint was filed in the court of Chief Judicial Magistrate, Jamshedpur which was registered as C-2 case no.4 of 2002, upon which cognizance of the offence has been taken under Section 92 of the Factories Act.;