1. 27 passengers of reserved Bogie No. S8 of Train No. 3071 UP Howrah Bhagalpur Super Express on way to their destination were killed, several received serious injuries due to act of omission or commission on the part of accused persons which include these petitioners, still the petitioners (accused persons) succeeded in stalling the criminal proceeding at very initial stage by way of challenging an order of cognizance and obtaining an interim order of stay of proceedings in Bhagalpur G.R. P.S.Case No. 61 of 2006. Out of 27 dead passengers,17 were female, 8 male, 1 female child and 1 male child. Occurrence in the present case had taken place on 2nd December, 2006. On the same day, F.I.R. was registered against accused persons including these petitioners and after investigation, police submitted charge sheet against four accused persons including the petitioners and further investigation was kept pending. On the basis of police report, the learned Railway Judicial Magistrate, Bhagalpur by its order dated 24.8.2007 took cognizance of offences as per the charge sheet i.e. offences under Sections 287, 288, 336, 337, 338, 427 of the Indian Penal Code. However, differing with the offence under Section 304A/34 of the I.P.C., which was in the charge sheet, the learned Magistrate took cognizance for the offence under Section 304/34 of the Indian Penal Code and this difference resulted in the filing of present petition before this Court under Section 482 of the Code of Criminal Procedure. The petitioners filed the present petition on 4.10.2007 before this Court and by order dated 30.1.2008, further proceeding of Bhagalpur G.R. P.S. Case No. 61 of 2006 has been ordered to remain stayed.

2. It appears that the petitioners were exempted from their physical appearance till the submission of the charge sheet vide order dated 5.1.2007 passed by the court below. Accordingly, after taking cognizance under Section 304/34 of the Indian Pnal Code besides cognizance order under Sections 287, 288, 336, 337, 338 and 427 of the Indian Penal Code, the learned Magistrate directed all the accused persons to appear before the court on 14.9.2007. It was also ordered to issue notice to the accused persons as to why their bail bonds be not cancelled after taking cognizance under Section 304/34 of the Indian Penal Code besides other Sections of the Indian Penal Code as mentioned above.

3. Short facts of the case is that on 2.12.2006 at about 7.50 A.M.,an old railway bridge (Ulta Pool) collapsed on a bogie of 3071 UP Howrah Jamalpur Super Express as a result of which 27 passengers died and several received serious injuries. It appears from the F.I.R. that the demolition of the said Ulta bridge had commenced on 24.11.2007 under the control of Deputy Chief Enginer (Construction), Bhagalpur and under the supervision of Assistant Engineer (Construction), Bhagalpur, Junior Engineer (Construction), Bhagalpur and said work was being executed by a contractor, namely, M/s Vijay Kumar Enterprises. While the work was in progress on 30.11.2006 at about 11.00 P.M. out of three spans (Domes), North and middle span with north pillar collapsed causing stoppage of traffic movement. However, none received any injury in the said collapse. The traffic was restored on 1.12.2006 at about 7.30 A.M. after arrival of the D.R.M. (Divisional Railway Manager), Maldah. As per F.I.R. at the time of restoration of traffic on 1.12.2006, the southern span and southern pillar of the said Ulta Pool was in existence and it was expected that any prudent man would have considered that remaining portion of the said bridge was likely to fall at any time. Even without taking any lesson from the event of 30.11.2006 and also without taking any step or measure by the Senior Railway Officers at the spot like erection of a protective structure to prevent the collapse of remaining portion of the bridge the execution of the work continued and while the unfortunate passenger train was crawling near