JUDGMENT

Pankaj Bhandari, J. - Petitioners have preferred this Criminal Writ Petition aggrieved by the continuation of proceedings in F.I.R. No.382/2010 dated 18.12.2010 and against the order dated 11.10.2017 passed by Additional District & Sessions Judge No.2, Jhunjhunu, whereby application filed by the petitioners under Section 216 Cr.P.C. was dismissed.

2. In brief the factual matrix of the case are that an F.I.R. was lodged on 18.12.2010, wherein it was mentioned that a blasting had taken place at the mines of Moda Pahad, Jhunjhunu, a fly rock from the mines of Petitioner No.1 hit at the head of the son of the complainant which resulted in his instant death.

3. Investigating Officer submitted charge-sheet under Section 304 of I.P.C. Proceedings were initiated by Chief Mining Engineer by filing a complaint under Section 73, 72-B, 70, 72C(1)(a) of Mines Act, 1952.

4. It is contended by counsel for the petitioners that Mines Act being a special legislation, would prevail over the India Penal Code. For any violation of the Mines Act, if it results into death, the same is punishable under Section 72C (a) of the Mines Act, 1952, hence, India Penal Code would not apply.

5. It is contended