R.R. Prasad, J. - (1.) This application has been filed for quashing of the entire criminal proceeding of Jorapokhar P.S. Case no. 148 of 2011 including the order dated 24.7.2011 whereby and where under cognizance of the offence punishable under Section 287/304A of the Indian Penal Code has been taken against the petitioners.
(2.) Learned counsel appearing for the petitioners submits that on 24.7.2011 while the informant along with Shankar Manjhi and Sudhir Bawri were working on 7th level at Patherdih Colliery, a huge stone fell down, as a result of which all the three persons sustained injuries, two of them succumbed to their injuries.
(3.) Since it appears to the Mines authority that the accident took place due to negligent act falling within the mischief of the provision of the Mines Act and Coal Mines Regulation, one case bearing C.M.A case no. 193 of 2011 was lodged against the petitioners no. 1, 3, 4 and 5 for commission of the offences under Sections 72A, 72C(1)(a) and 72C(1)(c) of the Mines Act.;