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1962 Supreme(SC) 209

B. P. SINHA, J. C. SHAH, K. N. WANCHOO, K. SUBBA RAO, P. B. GAJENDRAGADKAR
Kali Pada Chowdhury: Banwari Lal Agarwala. – Appellant
Versus
Union Of India: Jharia, District Dhanbad – Respondent


Advocates:
B.R.L.Iyengar, B.SEN, C.K.DAFTARY, K.L.Hathi, P.K.CHATTERJI, R.H.Dhebar, S.C.BANERJEE, S.Chaudhary

Judgment

GAJENDRAGADKAR, J.: (For himself and Sinha, C.J.I. and Wanchoo and Shah, JJ.) The four petitioners who are in charge of the working of the mine owned by the colliery known as Salanpur "A" Seam Colliery in the District of Burdwan, are being prosecuted for the alleged contravention of the provisions of Regulation 127(3) of the Coal Mines Regulations, 1957, framed under the Mines Act, 1952 (32 of 1952) (hereinafter called the Act.) By their petition filed under Art. 32 of the Constitution, the petitioners pray that an order or writ in the nature of prohibition should be issued quashing the said criminal proceedings on the ground that the said proceedings contravene Art. 20(1) of the Constitution and as such, are void. To this petition have been impleaded as opponents I to 4 the Union of India, the Chief Inspector of Mines, Dhanbad (W.B.), the Regional Inspector of Mines, Sitarampur and the Sub-Divisional Magistrate, Asansol, respectively. The prosecution of the petitioners has commenced at the instance of opponents 2 and 3 and the case against them is being tried by opponent No. 4. The petitioners contention is that Regulation No. 127 (3) whose alleged contravention has given





























































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