Location: ORISSA HIGH COURT, CUTTACK Date: 24-Mar-2026 16:52:38 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 2160 of 2024 along with CRLMC No. 2225 of 2024 (From the order of cognizance dated 25.10.2018, passed by the learned SDJM, Athagarh in Case No.2(c)C.C. 09/2018 and Case No.2(c)C.C. 03/2016).

Rajeev Mittal …. Petitioner(s)

(In both the CRLMCs)

-versus-

State of Odisha …. Opposite Party (s)

Advocates appeared in the case through Hybrid Mode:

For Petitioner(s) : Mr. Haripad Mohanty, Adv. For Opposite Party (s) : Ms. Gayatri Patra, ASC.

CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI DATE OF HEARING:-05.03.2026 DATE OF JUDGMENT:-13.03.2026 Dr. Sanjeeb K Panigrahi, J.

1. Since the issues raised in both the CRLMC referred to above involve common question of fact and law, those were heard analogously and are being disposed of by this common judgment.

2. The Petitioner in both the aforesaid Criminal Misc. Cases, has approached this Court under Section 482 of the Code of Criminal Location: ORISSA HIGH COURT, CUTTACK Date: 24-Mar-2026 16:52:38 Procedure, 1973 invoking the inherent jurisdiction of this Court. The present applications have been preferred assailing the order of cognizance dated 25.10.2028 passed by the learned SDJM, Athagarh in 2(c) CC No.09 of 2018, whereby cognizance has been taken for the offence u/s 92 of the Factories Act against the present Petitioners.

I. FACTUAL MATRIX OF THE CASE

3. The brief facts of the case are as follows:

(i) As it transpires from the case record, the prosecution case, in a nutshell, is that a complaint case was instituted by the Opp. Party No.2, namely the Assistant Director, Factories and Boilers, Cuttack Zone-II, Cuttack registered as 2(C) CC No.09 of 2018 in the Court of the learned SDJM, Athagarh.

(ii) It is alleged that the complainant received information from the management of the factory on 22.07.2018 at about 5.30 P.M., which was subsequently followed by an Accident Report submitted in the prescribed Form No.18 on 23.07.2018. the report pertained to an accident that had occurred on 22.07.2018 at about 3.50 PM in Ferro Alloy plant of the said factory, which ultimately turned fatal 7.00 P.M on the same day.

(iii) It is further alleged that the said factory is a registered establishment bearing Registration No. CK-647, situated At- Ghantikhala, P.O. Mahakalbasta, Khuntuni, Dist.- Cuttack. The factory is stated to have several operational units, including one Steel Melting Shop, two nos. DRI Kiln of 500 TPD capacity each, a Coal washery, Raw Materials Processing Plant (RMPP), a Location: ORISSA HIGH COURT, CUTTACK Date: 24-Mar-2026 16:52:38 Power Plant, and two Ferro Alloys Plants of 16.5 MVA capacity each, all of which were in operation at the relevant time.

(iv) Due to the accident, Indramani Sahoo, who was engaged as a helper in the factory, lost his life, while another worker, namely Surya Kanta Sahoo, sustained injuries. It is stated that the injured victim, Surya Kanta Sahoo, was a regular employee of the factory and had been working as a fitter-cum-operator since

05.12.2005.

(v) It is further alleged that on 22.07.20218 both the aforesaid workers had reported for duty in ‘B’ Shift at about 3 PM and were engaged in work at the coal shed. While they were carrying out the loading and unloading of coal and the same was being fed into the hopper, the hopper suddenly got detached due to the failure of the structural load-bearing members. As a result thereof, Indramani Sahoo and Surya Kanta Sahoo fell down along with the hopper and sustained grevious injuries.

(vi) Thereafter, both the injured persons were rescued and immediately shifted to M/s. Aswhini Hospital, Cuttack for medical treatment. However, on the same day, Indramani Sahoo scummed to injuries sustained in the accident and was declared dead at about 7:00PM.

(vii) On 23.07.2018, upon receipt of the information regarding the accident, the complainant visited the spot. Subsequently, an inspection and investigation were carried out on 26.07.2018 an