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2015 Supreme(Jhk) 970

H.C.MISHRA
Arvind Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Mahesh Tewari, Advocate.
For the Opp.Parties :Mr. Pankaj Kumar, Advocate, Mr. R.P.Gupta, Advocate

JUDGMENT :

H.C. Mishra, J.

Heard learned counsel for the petitioner and learned counsel for the opposite parties.

2. This application has been filed for quashing the order dated 10.4.2000 passed by the learned Addl. Chief Judicial Magistrate, Bermo at Tenughat, in Bermo P.S Case No.142 of 1998 corresponding to G.R. No.949 of 1998, as also the entire criminal proceeding against the petitioner in the said case.

3. The facts of this case lie in a short compass. The petitioner was working as a Manager of Amlo Project of the Central Coalfields Ltd., Dhori Colliery, where on 10.12.1998, an accident took place, in which, one lady died. The FIR was lodged by the husband of the deceased, stating that the informant and his wife were at the Quarter No. MQ-524, situated near the coal mines, where there was an explosion, in which, a big piece of stone suddenly hit the wife of the informant, causing her death at the spot. The said explosion was caused due to the blasting in the mines and accordingly, on the basis of the fardbeyan of the husband of the deceased, the FIR was lodged for the offence under Sections 287, 304-A & 338 of the Indian Penal Code, and investigation was taken up. Subsequently,



















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