JUDGMENT

Dr. S. Muralidhar, CJ. - The five Petitioners, who all hold the managerial positions in the Mahanadi Coalfields Limited (MCL), have filed this petition seeking the quashing of the complaint case i.e. 2(c) C. C. No.9 of 2014 in the Court of Sub-Divisional Judicial Magistrate, (SDJM) Sundargarh as well as the order dated 22nd September, 2015 passed by the said SDJM taking cognizance of the offences under Sections 73, 72 A, 72-C(1)(a) of Mines Act, 1852 against the Petitioners.

2. The above case was registered on a complaint by the Inspector of Mines appointed under Section 5 of the Mines Act, 1952 arising from a fatal accident at the Kulda OC Mine, village Balinga, PS Hemgir, District Sundergarh in which, while salvaging remnant coal from the toe of an external overburden dump of an opencast coal mine, 13 persons died due to serious bodily injuries. The complaint listed out numerous violations that were observed when the complainant made an inspection and inquiry on 11th, 12th and 13th September, 2013 into the causes and circumstances that led to the said accident.

3. Inter alia, it is stated that the five Petitioners herein were at the relevant time entrusted with the oversigh