Harish Chandra Mishra, J. - (1.) HEARD learned counsel for the petitioners and learned counsel for the opposite parties.
(2.) THE petitioners are aggrieved by order dated 23.12.2011 passed by Ms. Richa Srsivavata, learned Judicial Magistrate 1st Class, Dhanbad, in C.M.A. Case No. 193 of 2011, whereby cognizance has been taken against the petitioners for the offences under Sections 72A, 72C(1)(a) and 72C(1)(c) of the Mines Act. The petitioners have also prayed for quashing the entire criminal proceeding against the petitioners in this case. The facts of the case lie in a narrow compass. Petitioner Arvind Kumar Sinha, was working as Manager, petitioner Narayan Prasad was working as Safety Officer, petitioner Bikash Kumar Sinha was working as Assistant Manager, petitioner Manoj Kumar Sah was working as Overman and petitioner Sanjay Kumar Mahto was working as Mining Sardar, in Patherdih Colliery of M/s. BCCL, wherein in the night shift of 23.7.2011 at about 2.00 A.M., a mass of shaly sandstone roof measuring 3.8m x 1.70m x 0.20m thick, parted from the roof and fell down from a height of 3.9m, on a group of four loaders loading the blasted coal, inflicting serious injuries to them, in which, one of them succumbed to his injuries after a little while, the second loader died in the way to hospital, the third loader suffered injuries, while fourth loader escaped unhurt.
(3.) ENQUIRY was held by the O.P. No. 2, being the Dy. Director of Mines Safety, wherein it was found that there were violations of various regulations of the Coal Mines Regulation, 1957 and other statutory provisions and accordingly, the complaint was lodged against these petitioners being the Manager, Safety Officer and other officials of the Mines. On the basis of the written complaint and on the basis of the materials available on record, the learned Magistrate took cognizance for the offences under the Mines Act, as aforesaid, against the petitioners, which has been impugned in this petition.;