- (1.) Heard learned counsel for the petitioner and the learned counsel for the State.
(2.) Petitioner has filed this application for quashing of the entire criminal proceeding initiated against the petitioner in connection with Complaint Case No. 84 of 1999 and also for quashing the order dated 9th July, 1999 passed by Judicial Magistrate, 1st Class, Bermo at Tenughat whereby the Court below was pleased to hold that a prima facie case is made out under Section 304A of the Indian Penal code against the petitioner and for quashing of subsequent proceeding pending in the Court of Judicial Magistrate, 1st Class, Bermo at Tenughat.
(3.) Counsel appearing for the petitioner has submitted that the allegation against the petitioner is that information given by the union leader to remove the heap of coal which was in a dangerous condition and at the time of removing of coal by the coal workers (Mazdoors), some unfortunate accident happened and the entire heap of coal slide down and one of the Mazdoor died as he came under the heap of coal and few other persons were injured. Counsel appearing for the petitioner has submitted that the petitioner is Project Officer and after receiving information from the union leader, he immediately had taken steps to remove the coal, but unfortunately alleged accident happened at the time of removal of the coal. It is also submitted that even according to the contents of the complaint petition, the petitioner cannot be held responsible neither he was inactive in his part to remove the heap of coal which was in dangerous condition. At best it can be said for negligence of the worker, the entire heap slide down.Therefore, no case can be made out against the petitioner from the contents of the complaint petition itself under Section 304A of the Indian Penal Code. Counsel appearing for the petitioner has further submitted that before filing the complaint petition i.e. Complaint Case No. 84 of 1999 one U.D. case i.e. U.D. Case No. 2 of 1999 was registered by one Gaya Yadav, who is one of the worker working at the relevant time. On the basis of the F.I.R. investigation has been done and after investigation police has submitted final report. The said report shows that it was an accident and no person is responsible for the same. The Court below accepted the said report and the case was dropped, thereafter, the complainant has filed the instant case. To support his contention, counsel for the petitioner has annexed the certified copy of the F.I.R. of the said U.D. Case i.e. U.D. Case No. 2 of 1999 and order passed by the Judicial Magistrate, 1st Class, Bermo at Tenughat dated 08.03.2000 in this application as Annexure2 & 3.;