Jharkhand High Court
Hemant Goyal And Anr vs The State Of Jharkhand And Anr on 27 November, 2014
Author: P.P. Bhatt
Bench: P.P. Bhatt
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 2562 of 2014
Hemant Goyal & another ....Petitioners
Versus
The State of Jharkhand & another ... Opposite Parties
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Coram: THE HON'BLE MR JUSTICE P.P. BHATT
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For the Petitioners : Mr. N.K. Pasari, Advocate
For the State : APP
/27.11.2014: Present criminal miscellaneous petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of the entire criminal proceedings as also the order taking cognizance dated 25.06.2014, whereby and whereunder, cognizance under Section 92 of the Factories Act, 1948, has been taken against the petitioners in connection with G.O. 124/ 2014, presently pending in the Court of learned Judicial Magistrate, 1st Class, Saraikela-Kharsawan.
2. Learned counsel for the petitioners submitted that the order taking cognizance can be quashed, if the first information report together with materials collected in course of investigation do not constitute the offence alleged. It is submitted that even if such allegation and materials in support thereof are taken on their face value, there was no act of negligence on the part of the present petitioners being the Managing Director and the Manager of the Company.
3. Learned counsel for the petitioners, in support of his submission, has referred to and relied upon the decision of the Patna High Court (Ranchi Bench) in the case of Sarosh J. Ghandy versus State of Bihar and another, reported in 2000(1) East Cr C 224 (Pat) and another decision of this Court in the case of Dr. J.J. Irani & another versus The State of Jharkhand & another, passed in Criminal Revision No. 506 of 2005.
4. It is further submitted that, however, Company has taken due care of their workers and accordingly, Company has paid Rs.7,25,000/- (Rupees Seven Lakh Twenty Five Thousand) to the family members of each worker and memorandum of agreement was also executed in presence of Sub Divisional Officer, Chandil. It is further submitted that the copy of the said memorandum of agreement will be submitted by the petitioners, by way of filing supplementary affidavit, as also the proposed action for safeguarding the interest of family members of the deceased workers, on behalf of the management, on the next date.
5. Learned counsel for the petitioners shall file detailed affidavit indicating the position of the family members of three workers, including their infrastructure facility, availability of house, number of children, their age, other family responsibilities and the steps proposed by the management for taking care of their requirement in respect of house and other facilities, including educational responsibility of their children.
6. Since opposite party No.2 is Factory Inspector, Saraikela-Kharsawan, Circle No.2, Saraikela-Kharsawan, there is no need of issuing notice upon the opposite party No.2.
7. Learned A.P.P. appearing on behalf of the State undertakes to take instructions and file counter-affidavit.
8. Put up this case on 18th December, 2014.
9. On filing supplementary affidavit and on furnishing required details so as to provide support to the deceased workers, question, with regard to grant of interim relief, will be considered, on the next date.
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(P.P. Bhatt, J.) S.B.