Vikramaditya Prasad, J. - (1.) This application under Sec. 482, Cr PC has been filed for quashing the FIR of Jharia (Tisra) P.S. Case No. 49/2001 pending in the Court of Chief Judicial Magistrate, Dhanbad, and all the proceedings therein, besides any order that the Court deems fit and proper.
(2.) On 2.2.2001, the Officer -in -charge, Lodna Out -post, received and information that water -logging in Seam No. 7 of Bagdig Colliery started taking place and the officers and workmen were trapped inside the Mine. He registered a Sanha No. 28 dated 2.2.2001 and he along with the Sub -Inspector and policeman went to the colliery. There he heard from the assembled angry persons that the Officers have put the lives of workmen in danger. There were fractional activities for the rescue work. He also came to know that in the Bagdigi Colliery No. 7 Seam had broken and water was entering in the Mine very fast and barring 30 -35 persons rest of the persons came out of the Mine safely. After sometime, Halim Mian, Haugage Khalashi, Bhojram Bilaspuri, Md. Jalil, Fitter, came out of the Mine and they also stated the same story and narrated about the water sippage. They had also informed the Manager, Assistant Colliery Manager that 30 more person were trapped inside the Mine due to heavy rush of water. On 5.2.2001, Drivers recovered the dead -body of Cable man Pritam Singh and the rescue operation was still continuing. The Officer -in -charge received further information that due to excess cutting of coal, water sip -page has increased and that information was given to the Agent A.K. Sengupta, General Manager Sri Shrivastava, Area Safety Manager A.K. Gupta, Safety Officer of Bagdigi Colliery, Mining Sardar, Overman and others persons. In spite of that no safety arrangements were made and deliberately continued the coal mining. The officers of M/s. B.C.C.L. and officers of Director General Mines Safety were blamed for the death of the workmen. On the basis of the aforesaid information, the Officer -in -Charge instituted the FIR against the General Manager, Safety Officer, Agent, Assistant Manager, Mining Sardar, Overman and Officer responsible for safety of Bagdigi Colliery under Sec. 304/34, IPC read with Sec. 72(C) of the Mines Act, 1956 as also Regulations 127/128 of the Mines Regulation, 1961, vide Annexure -1.
(3.) Though in the FIR the aforesaid petitioner A.K. Sengupta has been described as the Agent of the said Colliery but in the petition A.K. Sengupta has not disclosed his identity as the Agent, rather he has stated in that column that he resides at Agent's Bunglow.;