IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE SUNITA YADAV CRIMINAL REVISION No. 3120 of 2023 BETWEEN:-

RAJESH AGRAWAL S/O SHRI KESHARI CHAND AGRAWAL, AGED ABOUT 57 YEARS, OCCUPATION: BUSINESS, R/O OLD GALLA MANDI, GUNA (MADHYA PRADESH)

….....PETITIONER (BY SHRI DINESH KUMAR AGRAWAL -

ADVOCATE AND THE STATE OF MADHYA PRADESH THROUGH INSPECTOR, BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYEMNT AND CONDITIONS OF SERVICE) ACT, 1996 AND ALSO DEPUTY DIRECTOR, INDUSTRIAL HEALTH AND SECURITY, GWALIOR (MADHYA PRADESH) ….....RESPONDENT (BY SHRI DHEERAJ KUMAR BUDHOLIYA -PANEL LAWYER )

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Reserved on : 23.08.2023 Pronounced on : 01.09.2023 ---------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------

This revision having been heard and reserved for orders, coming on for pronouncement this day, the Court pronounced the following:

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Signature Not Verified Signed by: VIPIN KUMAR

O R D E R

Present criminal revision under Section 397 r/w. Section 401 of Cr.P.C has been filed being aggrieved by the order dated 19.04.2023 passed by Fourth Additional Sessions Judge, Guna (M.P.) in Cr.A. No.110/2019 affirming the judgment dated 26.04.2019 passed in RCT No.995/2012 by Chief Judicial Magistrate Guna (M.P.) convicting the petitioner for the offence punishable under Section 50 for violation of provision of Section 39 of “The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (hereinafter referred to as “the Act”) r/w. Rule 210 of the “M.P. Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2002 (hereinafter referred to as “the Rules”) and imposed with fine of Rs.1,000/-, under Section 47 for violation of provision of Section 39 of the Act r/w. Rule 49 and imposed with fine of Rs.1,000/-, under Section 48 for violation of provision of Section 46 of the Act, and also imposed with fine of Rs.1,000/- with default stipulations.

2. The facts in brief to decide the present revision are that on 14.02.2012 the wall of under construction - Yash Ware Housing Corporation A.B. Road, Bilonia Guna fell down while plastering, in which six workers were buried and died. The proprietor of said accident site is petitioner/accused - Rajesh Agarwal and the construction work was being done through the contractor accused - Munnalal Jatav. The site of the said accident was inspected on 19.02.2012, the statements of alive labourers were recorded, Panchnama and photographs of accident site were prepared.

3. Thereafter, a notice was issued to accused proprietor Rajesh Signature Not Verified Signed by: VIPIN KUMAR Agrawal and contractor Munnalal Jatav. A copy of the notice was also forwarded to the Chief Inspector and Labour Commissioner, Government of Madhya Pradesh, Indore. On the basis of said notice, Chief Inspector and Labour Commissioner, Government of M.P. by taking cognizance of the said crime, issued a show cause notice to accused persons on 20.03.2012. As per the relevant Rules of 2002, alleging that the first aid box and medicines were not kept at the construction site and safety shoes, helmets were not provided to the labourers working, nor it was ensured that the labourers at the workplace wear safety shoes and helmet while working and also it was not ensured that while making the wall it was stable without any support.

4. After grant of sanction for prosecution, a complaint under aforementioned sections was filed before the learned Chief Judicial Magistrate, Guna. The learned C.J.M., Guna framed the charges and after recording of evidence available on record vide judgment dated 26/04/2019 passed in