Judgment

DAS GUPTA, J. : On February 20, 1958, there occurred in the Central Bhowra Colliery, in Dhanbad in Bihar an accident as a result of which 23 persons lost their lives. After an inquiry under S. 24 of the Mines Act, 1952, into the causes of and the circumstances attending the accident, and the publication of the report of the inquiry, a complaint was prepared by the Regional Inspector of Mines, Dhanbad, under the direction of the Chief Inspector of Mines Dhanbad, before the Sub Divisional Officer, Dhanbad, against the appellant for an offence under S. 74 of the Mines Act, 1952, for contravention of regulations 107 and 127 of the Coal Mines Regulations, 1957. The Central Bhowra Colliery belongs and belonged at the relevant date to a private company, viz., M/s. Central Bhowra Colliery Co., Private Limited. The appellant is and was a shareholder and a director of this company. After the Sub-Divisional Officer took cognizance of the complaint and issued processes against him, the appellant made an application to the Patna High Court under Art. 226 of the Constitution, for the issue of an appropriate writ for quashing the criminal proceedings. This application was summarily dismis