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SANJAY KUMAR DWIVEDI
Tarasis Mondal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. A.K. Mehta, learned counsel appearing for the petitioners and Mr. Shailesh Kumar Sinha, learned A.P.P. for the State.
2. This petition has been filed for quashing of the FIR, in connection with Chirkunda (Panchet) P.S. Case No. 270 of 2013 corresponding to G.R. No. 4644 of 2013, registered for the offence under Sections 288, 337, 338, 304 and 34 of the Indian Penal Code, pending in the court of learned CJM, Dhanbad.
3. The prosecution case arises out of the self statement of Sub Inspector Umesh Kumar Thakur, the officer Incharge, Panchet O.P under Chirkunda P.S recorded by the Chirkunda (Panchet) OP on 12.11.2013 in respect to an accident which had occurred in Sushil Incline of Basanti Mata Colliery under CV Area of M/s BCCL at or about 11.15 AM on 11.11.2013 resulting in death of 4 persons.
The prosecution case in brief is that on 11.11.2013 at about 12.30 noon, the informant received information on telephone from a CISF Personnel that a coal roof in Sushil Incline of Basanti Mata Colliery has fallen down in which some workmen have sustained injuries while others lying under the fallen roof.
The informant is alleged to have made necessary entries in the Station dia
The judgment established the principle that in cases of mining accidents, the applicability of the Mines Act, 1952, and the Indian Penal Code should be carefully considered, and distinct offences und....
The interpretation of the applicability of the Factory Act and the sections of IPC to the accident that occurred in a factory premises was the central legal point established in the judgment.
Special legislation prevails over general law when dealing with specific occurrences, and the Factories Act's provisions take precedence over general criminal law.
Criminal charges require direct evidence linking the accused to the act causing death; mere participation in illegal activity is insufficient for liability without overt acts.
Special legislation prevails over general law when there are specific provisions for a particular cause of action.
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