IMPORTANT POINT
in respect of offences under other laws that is to say, under laws other than Indian Penal Code, if there be an enactment regulating the manner of investigation, inquiring into, trying or otherwise dealing with such offences, such enactment will prevail over the Code.

ORDER

R.R. Prasad, J. — Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.

2. This application has been filed for quashing of the order dated 17.9.2011 passed by the Chief Judicial Magistrate, In-charge, Pakur in G.R.No.386 of 2011 [Pakur (Malapahari) P.S. Case No.153 of 2011) whereby and whereunder cognizance of the offence punishable under Sections 304/307/34 of the Indian Penal Code and also under Section 3/4 of the Explosive Act which seems to have been wrongly recorded in place of Explosive Substance Act has been taken against the petitioner.

3. The case of the prosecution as it appears from the FIR is that while the informant and his brother namely, Deepak Mandal were engaged in quarrying of stones at the instance of this petitioner and Amirul Sk., an accident took place due to explosion of the explosive substance, as a result of which informant and his brother sustained injuries resulting into the death of the brother of the informant.

4. The matter was investigated upon. On completion of investigation, charge sheet was submitted, upon which cognizance of the offence punishable under Sections 304/307/34 of the Indian Penal Code and also under Section 3/4 of the Explosive Act which seems to have been wrongly recorded in place of Explosive Substance Act was taken against the petitioner, vide order dated 17.9.2011 which is under challenge.

5. Mr. Gautam Kumar, learned counsel appearing for the petitioner submits that whatever allegation is there in the F.I.R., that would be the subject matter for prosecution under the Mines Act, 1952 and in fact, the prosecution has been launched under the Mines Act by the Inspector of Mines.

6. In this regard it was further submitted that the Mines Act being a special legislation will have overriding effect upon the provisions of the general law and therefore, any prosecution under the general law is not permissible and hence, the order taking cognizance is fit to be quashed.

7. A counter affidavit has been filed wherein it has been reiterated that since on account of explosion of the explosive substance, the informant as well as his brother sustained injuries. Subsequently, brother of the informant succumbed to his injuries. The petitioner is rightly being prosecuted for the offence punishable under Sections 304/307/34 of the Indian Penal Code as the accident occurred on account of blast of the explosive substance in the mines. The explosive substances were being used without there being any licence and thereby the order taking cognizance never warrants to be quashed.

8. In the context of the submission advanced on behalf of the parties, one needs to take notice of the provision as contained in Section 4 of the Code of Criminal Procedure which deals with the matter regarding investigation and enquiry of the case falling under the Indian Penal Code or any Special Act which reads as under:

“Trial of offence under the Indian Penal Code and other law:

1. All offences under the Indian Penal Code (46 of 1860) shall be investigated, inquired into, tried and otherwise dealt with according to the provisions hereinafter contained.

2. All offences under any other law shall be investigated, inquired into, tried and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.”

9. Thus, sub-Section (1) of Section 4 of the Code provides that in absence of any specific provision to the contrary nothing in the code shall affect any special or local law for the time being in force. However, the conjoint effect of that provision and sub-section (2) of Section 4 would be as follows:

“1. That all offences, whether under the penal code or under any other law, have to be investigated, inquired into, tried and otherwise dealt with according to the provisions of the Code.

2. This rule is subject to qual