ORDER :

Parth Prateem Sahu, J.

1. This is a reference made by the learned Single Judge referring following question to answer by Division Bench:-

“Whether initiation of proceedings against the same accused under Section 304-A IPC is permissible under the law even after his conviction by learned Judicial Magistrate (Labour Court) under Section 92 of the Factories Act 1948 and whether the same amounts to double jeopardy when the offence under the Factories Act and the one under Section 304-A IPC arose out of the same incident?”

2. Facts relevant for disposal of this reference are that on 10.12.2013 one Silvanus Tirki (since deceased), was engaged in the work of Cleaning of Drakchain Feeder for Broiler in M/s Salasar Steel & Power Ltd. Gerwani, District Raigarh. His work shift was from 9:30 a.m. At about 12:00 noon when he was returning after drinking water from water cooler, he slipped and fell down on ground and suffered head injury. He was immediately taken to District Hospital, Raigarh where he was declared brought dead. Complaint case was filed by the Deputy / Assistant Director, Industrial Health & Safety-cum-Factory Inspector for violation of provisions of Section 41 of the Factori