Crl.R.C.No.148 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2023

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

Crl.R.C.No.148 of 2023

and

Crl.M.P.No.1140 of 2023

Mohan

... Petitioner

/vs/

State rep by

The Sub Inspector of Police,

Keezhkuppam Police Station,

Villupuram District.

(Crime No.126/2013)

... Respondent

PRAYER : Criminal Revision Case has been filed under Section 397 r/w.

401 Cr.P.C. to call for the records and set aside the order dated 30.11.2022

passed in Crl.M.P.No.2162/2017 in Old C.C.No.247 of 2014 on the file of

the Judicial Magistrate, Kallakurichi and renumbered in Crl.M.P.No.1711

of 2022 in New C.C.No.23 of 2017 pending on the file of the Judicial

Magistrate No.II, Kallakurichi, Villupuram District.

For Petitioner

... Mr.R.Rajarathinam, Sr.counsel

For Respondent

... Mr.V.Meganathan

Government Advocate (Crl. Side)

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Crl.R.C.No.148 of 2023

ORDER

This Criminal Revision Case has been filed challenging the

impugned order dated 30.11.2022 passed in Crl.M.P.No.2162/2017 in Old

C.C.No.247 of 2014 on the file of the Judicial Magistrate, Kallakurichi and

renumbered as Crl.M.P.No.1711 of 2022 in New C.C.No.23 of 2017

pending on the file of the Judicial Magistrate No.II, Kallakurichi,

Villupuram District.

2. The facts of the case is that in Eriyur village, the Village

Administrative Officer, Tmt.Kausalya gave a complaint to the respondent

police on 22.06.2013 with regard to blast occurred in a quarry at

Ulagiyanallur village in Survey Nos.30/1, 3, 4, 5A1, 8A, 10 and 34/6 in the

name of Amman Granite owned by Ramasamy. In the said blast two

workers, who were working in the granite quarry have died and one got

injured. Based on the complaint, a case has been registered in Crime

No.126 of 2013 for the offence under Sections 286, 337, 338, 304(A) IPC

r/w.Section 9B(1)(b) Indian Explosive Act against one one Mayilvahanan

and Sarfudeen. After investigation, final report has been filed and taken in

C.C.No.247 of 2014, on the file the learned Judicial Magistrate,

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Crl.R.C.No.148 of 2023

Kallakurichi. After examination of PW.1, the learned Government

Advocate (Crl.Side) filed a petition in C.M.P.No.1711 of 2022 under

Section 319 Cr.P.C., to include the petitioner (proposed accused A4) in this

case as an accused. The Trial Court vide its order dated 30.11.2022

implicated the petitioner as an accused in this case. It is put in challenge in

this revision petition.

3. The learned counsel for the petitioner submitted that on

22.06.2013, at about 4.30 p.m., in the quarry site belonging to the proposed

accused No.3 viz. Ramasamy, the labourers were drilling the big stones

which were already blasted on 15.06.2013 and at that time, the heat

generated from the rocks which already blasted and ignited the remaining

explosive powder found in the blasted rock, caused the blast once again,

due to which one person injured and two persons have died on their way

to hospital. Admittedly, the petitioner herein who is a licensed holder to

sell the explosives had supplied the explosives to the said granite company

on 15.06.2013 and the rocks were blasted on 15.06.2013 itself. Since the

drilling work in the blasted rocks could not be carried out immediately as

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Crl.R.C.No.148 of 2023

there must be cooling time between the date of blasting of the rock and for

drilling of the blasted rocks, they had to drench the blasted rocks in water

during the cooling period and kept under the supervision of the supervisors

viz. A1 (Manager) and A2 (Mine maid). After cooling of the rocks. the

drilling work was carried out only on 22.06.2013 viz. after a lapse of one

week, and dur