ORDER :

1. Since these three criminal revisions and two CRMP petitions are arise out of same Crime Number i.e. Crime No. 377/2009, registered at Police Station, Balco, District-Korba (C.G.) and same Sessions Trial No. 16/2010, they are clubbed and heard together and are being disposed of by this common order.

2. Heard Ms. Sharmila Singhai, learned Senior Advocate assisted by Mr. Dharmesh Shrivastava, learned counsel for the revisionists in CRR No. 450/2013, CRR No. 451/2013 and CRR No. 448/2013. Also heard Mr. Ravindra Shrivastava, learned Senior Advocate assisted by Ms. Sanya Shukla, Ms. Devangna Singh and Mr. Shireesh Mishra, learned counsel for the petitioner in CRMP No. 664/2013 and Mr. Abhishek Sinha, learned Senior Advocate assisted by Mr. Samrath Singh Marhas, learned counsel for the petitioner in CRMP No. 665/2013 and Ms. Madhunisha Singh, learned Deputy Advocate General, appearing for the State/respondents.

3. CRR No. 450/2013, CRR No. 451/2013 and CRR No. 448/2013 are filed under Section 397/401 of Cr.P.C. by the revisionists for setting aside the impugned order dated 19.06.2013 and framing of charges against the revisionists by the learned Additional Sessions Judge, Korba, District Korba (C.G.) whereas CRMP No. 664/2013 and CRMP No. 665/2013 are filed under Section 482 of Cr.P.C. for quashing the Criminal Case S.T. No. 16/2010 against the petitioners and for quashing/setting aside of the orders dated 15.04.2013 and 19.06.2013 passed by the learned Additional District and Sessions Judge, Korba (C.G.)

4. The revisionists in CRR No. 450/2013, CRR No. 451/2013 and CRR No. 448/2013 are nationals of Peoples Republic of China and employees of SEPCO Electric Power Construction Corporation (hereinafter referred to as SEPCO), which is a Company incorporated in Peoples Republic of China and has acquired international repute for its expertise in the field of setting up power plants for last more than 50 years.

5. The petitioner in CRMP No. 664 of 2013, namely, Deepak Nagarng is a qualified Mechanical Engineer and has been appointed as Assistant General Manager (Planning) with Bharat Aluminium Company Limited (hereinafter referred to as BALCO) on 04.08.2008 and the petitioner in CRMP No. 665 of 2013, namely, Anup Mahapatre, were posted as Site Engineer In-charge and Site Engineer respectively to look after work of Site Contractor and Sub Contractor and to supervise them mainly for smooth co-ordination of work.

6. M/s BALCO entered into a Memorandum of Undertaking (MOU) dated 07.10.2006 with the Government of Chhattisgarh for establishing 1200 MW Thermal Power Plant. Pursuant to MOU, BALCO being desirous of procuring, setting up and bringing into commercial operation of a 4 x 300 MW coal power plant at BALCO, Korba, Chhattisgarh entered an engineering, procurement and construction (EPC) contract with the SEPCO on 20.08.2007. The scope of the work under the contract was to provide certain technical services including design, engineering and supervision of erection, testing and commissioning, demonstration of performance, guarantee and comprehensive project management services in a fully coordinated manner. Amongst other the said project included construction of two chimney of the height of 275 meters each.

7. Consequent to the EPC contract, on 08.08.2008, SEPCO entered into a turnkey contract for construction of the 2 chimney with Gannon Dunkerley and Company Ltd. (hereinafter referred to as GDCL). In pursuance to the contract given by the SEPCO, the chimney was being constructed by GDCL as per the specifications mentioned therein. The chimney was to be constructed up to the height of 275 meters to meet with the environmental norms and it was well constructed up to the height of 248 meters. On 23rd September 2009 at around 3.30 pm, there were strong winds accompanied by heavy rain and lightening which affected the chimney during which it collapsed resulting into loss of 40 human lives and injuries to several employees working at that tim