- (1.) HEARD learned counsel appearing for the petitioner and learned counsel for the State.
(2.) THIS application has been filed for quashing the order dated 24.1.2011, passed in Telco P.S. Case No. 116 of 2008, whereby and whereunder the learned C.J.M., l/e, Jamshedpur has taken cognizance of the offences punishable under Sections 278, 284, 337, 338, 308/34 of the Indian Penal Code against the petitioner and others. The facts giving rise to this application are that on 27.5.2008, Chlorine gas got leaked from cylinders kept at the Power Plant as a result of which it being a substance noxious to the health affected so many persons including one worker of the water purification plant. On such incident, a case was lodged which was registered as Telco P.S. Case No. 116 of 2008. After submission of the charge -sheet, cognizance of the offences, as aforesaid was taken against the petitioner who at the relevant point of time was the Manager. That order is under challenge.
(3.) THE grounds of challenge are that for the same incident when a complaint case C/2 Case No. 1618 of 2008, was filed for violation of the provisions as contained in Section 7A(2)(B) of the Factories Act cognizance of the offence punishable under Section 92 of the Factories Act has been taken and, therefore, two parallel proceedings cannot be allowed to be continued for the same set of allegations, particularly, when the petitioner is being prosecuted under special legislation. Other submission is that though the petitioner is being prosecuted in a case registered on a Police report, but no allegation whatsoever is there that it was the petitioner on whose negligent act the noxious substance got leaked which affected several persons including the worker of the plant.;