Special legislation prevails over general law when dealing with specific occurrences, and the Factories Act's provisions take precedence over general criminal law.

JUDGMENT :

1. Heard Mr. Ajay Kumar Sah, the learned counsel appearing on behalf of the petitioners and Mr. V.S.Sahay, the learned counsel appearing on behalf of the respondent State.

2. This petition has been filed for quashing of the First Information Report in connection with Kandra P.S.Case No.6 of 2012 corresponding to G.R. No.255 of 2012 registered for the offence under sections 285, 287, 337, 338 and 304A of the IPC, pending in the court of learned Sub Divisional Judicial Magistrate, at Seraikalla.

3. The prosecution case has been lodged alleging therein that one Bishwajit Kumar Sharma before the Officer In charge Kandra Police Station has alleged that he is an employee of Adhunik Alloys and Power Limited and was working on the post of Fitter. During the course of his employment on 25.3.2012, in the evening, all of a sudden explosion has taken place in the furnace of SMS Plant due to which huge quantity of smoke came out. The informant has further stated that he has tried to escape from his work place but has got burn injuries on face, right hand and fingers. It is further stated that Harendra Yadav and Praveen Kumar Manjhi were badly injured due to vapour and fire and Jay Prakash Shukla and Nirmal Kumar Singh were also sustained grievous injuries in the said accident. The informant has further stated that all the injured are being treated in T.M.H. Jamshedpur. The informant has lastly alleged that furnace wall of SMS Plant was very weak and there was no safety arrangement provided and such injuries were caused to the workmen.

4. Mr. Sah, the learned counsel appearing for the petitioners submits that the petitioners have been falsely implicated in this case and only by virtue of their being the Manager, Operator, SMS (General Manager) and Shift Incharge of the factory namely Adhunik Alloys and Power Limited. He submits that the accident took place inside the factory premises and therefore if at all any offence can be said to have been committed, the same would be punishable in terms of the provisions of the Factories Act which fastened the criminal liability on the occupier and the manager and any other worker who has contravened the provisions thereof. He further submits that it is well settled principle of law that when there are special provisions operating and governing in a particular field, then the provisions of general law cannot be made applicable. According to him, till date the charge sheet has not been submitted in the case in hand.

5. On the other hand, Mr. Sahay, the learned counsel appearing on behalf of the respondent State submits that the occurrence has taken place and that is why the FIR has been lodged. The negligence is there. Only the FIR is under challenge and no relief can be extended to the petitioners.

6. In view of the above submissions of the learned counsels for the parties, the Court has gone through the materials on record including the contents of the FIR and finds that admittedly the occurrence took place in the factory of Adhunik Alloys and Power Limited. It is sell settled that when the special Act is there the IPC will not apply. In light of Section 92 of the Factories Act clearly provides penalties in case of death, which is caused by the accident within the factory and Section 105 of the said Act prescribed about the cognizance of the offence. There is provision of appeal under Section 107 of the said Act. The Factories Act is having complete provision and so far as the occurrence with regard to the factory is concerned, it is required to be proceeded as per the said Act itself.

7. A reference may be made to the case of “Sharat Babu Digumarti v. Government (NCT of Delhi)”, reported in (2017) 2 SCC 18. Paragraphs 31, 32 and 37 of the said judgment are quoted herein below:

“31. Having noted the provisions, it has to be recapitulated that Section 67 clearly stipulates punishment for publishing, transmitting obscene materials in electronic form. The said provision read with Sections 67-A and 67