CRL.O.P.Nos.24719crlop2019 batch

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2023

CORAM:

THE HON'BLE Ms.JUSTICE R.N.MANJULA

Crl.O.P.Nos.24719, 24723, 24728, 24804 & 24734 of 2019

and

Crl.MP.Nos.13144, 13146, 13160, 13162, 13155, 13157, 13149,

13151,13222 & 13221 of 2019

T.Ravikumar

Manager,

M/s.Vaigai MBR Agro

Industries Pvt Ltd.

.. Petitioner/Accused in

Crl.OP.Nos.24719, 24734 & 24728

/2019

S.Mani

Proprietor of

M/s.Vaigai MBR Agro

Industries Pvt Ltd.

.. Petitioner/Accused in

Crl.OP.Nos.24723 & 24804/2019

Versus

The State by

The Inspector of Factories,

Office of the Inspector of Factories,

Gokulam Salai,

Fairland, Salem-16. ... Respondent/complainant in all Crl.OPs

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CRL.O.P.Nos.24719crlop2019 batch

(i)Criminal Original Petitions in Crl.OP.Nos. 24719, 24734 & 24728

/2019 filed under Section 482 of the Code of Criminal Procedure to call for

the records relating in C.C.Nos.208, 207 & 209 of 2018 respectively on the

file of the learned Chief Judicial Magistrate, Namakkal and quash the same.

(ii)Criminal Original Petitions in Crl.OP.Nos. 24723 & 24804 /2019

filed under Section 482 of the Code of Criminal Procedure to call for the

records relating in C.C.Nos.206 & 205 of 2018 respectively on the file of

the learned Chief Judicial Magistrate, Namakkal and quash the same.

In all Crl.OPs.,

For Petitioner

:

Mr. V.Lakshmi Narayanan for

M/S.M.Palanivel

For Respondent

:

Mr.A.Gopinath

Government Advocate (Crl.side)

COMMON ORDER

These Criminal Original Petitions filed to quash the proceedings in

C.C.Nos.208, 207 & 209 of 2018 and C.C.Nos.206 & 205 of 2018

respectively, pending on the file of the learned Chief Judicial Magistrate,

Namakkal, against the respective petitioner.

2.The petitioner in Crl.OP.Nos.24723 & 24804 /2019 is the occupier

and the sole accused in CC.Nos.205 and 206 of 2018 respectively. The

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CRL.O.P.Nos.24719crlop2019 batch

petitioner in 24719, 24734 & 24728 /2019 one T.Ravi Kumar who is the

sole accused in CC.Nos.207, 208 & 209 of 2018 respectively.

3.The name of the company is M/S.Vaigai MPR Agro Industries Pvt.

Ltd, which involved in manufacturing rice bran oil. On 06.05.2019, a fire

accident occurred in the industry in which 17 workers died and two

workmen got injured. On 25.03.2010, five complaints have been filed

against the occupier and the manager for violating the norms prescribed

under the Factories Act. Subsequent to the accident, an inspection was done

by the Inspector of Factories on 07.05.2019. During the said inspection and

investigation, it is found that there was failure to provide and monitor the

safety norms as prescribed under the Factories Act. After giving a show

cause notice and getting the explanation from the accused, on 25.03.2010

the complaints were given by alleging that the factory had involved in

manufacturing rice bran oil through solvent extraction method by using

hazardous organic chemical by name Hexane as solvent. The said chemical

should never to be allowed to leak in the air and as per the Indian Standard,

its lower explosive limit is 1.1% in the air. Hexane would became vapor at

68 decree Celsius and it catches fire when its level exceeds 1.1 % in air in

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CRL.O.P.Nos.24719crlop2019 batch

the presence of an ignition source; in the absence of adequate ventilation the

vapor gets accumulated and if its level exceeded 1.5% in air, it forms a

vapor cloud and spread towards ground. This is because of its density is

higher than that of air. This would cause spontaneous explosion in the

presence of any form ignition source. The petitioners started the plant only

06.05.2009 and factory started the production activities from 04.05.2019.

3.1. The stacking of raw rice bran packs were continued during the

above period and consequently the stocks o