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IN THE HIGH COURT OF JHARKHAND AT RANCHI
GAUTAM KUMAR CHOUDHARY
Avneesh Gupta S/o Late Dinesh Mohan Gupta – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. Instant writ petition has been filed under Article 226 of the Constitution of India for quashing the entire criminal proceeding including FIR being Bistupur P.S. Case No.159 of 2020 registered for the offence punishable under Sections 287, 304(A)/34 of the Indian Penal Code.
2. Informant of the case, Kunwar Shabaz Zama is the brother of the deceased, who was an employee of Tata Steel Limited and as per the written report died in an accident while he was on his duty. When the informant received information, he came from his native place- Kota to Jamshedpur to take possession of his dead body. On the basis of the written report, Bistupur P.S. Case No.159 of 2020 was lodged under Sections 287, 304(A)/34 of the Indian Penal Code against one unknown on 24.09.2020.
3. The petitioner is a retired employee of Tata Steel Limited and at the relevant time of accident was Manager in Tata Steel Limited and received notice under Section 41A Cr.P.C. Hence, this case.
4. It is submitted by the learned counsel on behalf of the petitioner that the averment made in the written report does not disclose commission of any cognizable offence which is sine qua non for putting the criminal law into
A Factory Manager can be prosecuted under IPC Section 304A for negligence leading to an employee's death, even if the Occupier was previously prosecuted under the Factories Act, without violating dou....
Provision of Section 92 of Factories Act, it is clear that Factories Act is not a part of general penalty law but arise out of a breach of a duty provided in it - Offence punishable under Factories A....
Concurrent prosecutions under the IPC and Factories Act for the same incident are permissible as the laws address different legal elements and liabilities.
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.
Prosecutions under different sections for workplace incidents can coexist without double jeopardy as they address distinct legal matters.
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