JUDGMENT :

This petition has been filed for quashing of the entire criminal proceeding including the First Information Report in connection with Pandwa P.S. Case No.36 of 2021 dated 30.04.2021 for the offences punishable under section 304 of the Indian Penal Code, now pending in the court of learned Chief Judicial Magistrate, Palamau at Daltonganj.

2. On the limited statement of the informant, the said FIR was registered stating therein that:

The case of the informant in nutshell is that one Birmani Saw has given a statement before Pandwa Police at Pandwa Police Station stating, inter alia, that he is residing nearby at Kathuatia Open Cast Coal Mines of Hindalco Industries Limited, where there is open mine in which water logging has been found. It is further alleged that inspite of several request, the said water logging has not been cleared by the Management of Hindalco Industries Limited. On 30.04.2021, at about 08:30 a.m, his son Aman Kumar Saw, aged about 16 years went for natural call and due to slippery, he fell down in the water logging of mine and later on died.

3. Mr. Indrajit Sinha, the learned counsel appearing on behalf of the petitioner submits that petitioner is the mines