THE HON’BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO.9229 OF 2024

ORDER:

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) to quash the proceedings in Crime No.23 of 2024 of Kondurg Police Station, Ranga Reddy District. The offences alleged against the petitioner are for the offences punishable under sections 304-A, 337 and 287 of Indian Penal Code (for short ‘I.P.C.’).

2. The facts of the case are that on 19.02.2024 at 15.45 hours, J.Krishnaiah, S.I. of Police, Kondurg Police Station received medical intimation from Shivaram Naik Hospital, Shadnagar that one Anil Kumar Pawan working as Labour in Scan Energy and Power Limited Company was admitted in the said hospital with burn injuries and as per the medical intimation, SIP Kondurg went to the said Hospital and recorded the statement of the injured, wherein he stated that he along with his family are residing in Ramachandrapur Village of Kondurg Mandal and was eking out his livelihood by doing labour work in said company situated at the outskirts of Kondurg Village. He further stated that on 19.02.2024 at about

14.00 hours when he attended the duty at Fourth Furnace for collecting the samples, there was an explosion, due to which the moltel iron liquid in the furnace flew up and fell on the labours as a result, they received burn injuries and they were injured. Immediately, they were shifted to the hospital and during the treatment one person died. Further, it is also stated that earlier also there was explosion in the said company and many persons were injured. The injured also disclosed that no helmets, special suits, gloves, safety shoes or any other safety equipment are provided to the workers while working at the furnace as well as at the machinery and the explosion occurred due to the negligence of the company management. Hence, requested to take necessary action. Basing on the said complaint the police originally registered the case for the offences under Sections 337 and 287 of I.P.C. Later police filed memo for alteration of sections stating that during investigation they examined the injured and circumstantial witnesses and recorded their statements. During the course of investigation it was revealed that the company management has not provided helmet, safety glasses, gloves, safety shoes, ear plugs, long sleeve shirts and long pants to the labour who are working at furnace in order to protect themselves from any untoward incident. The management is very well aware that if blast occurs at furnace it will danger to the labourers who are working on it, even then, safety measures are not taken by the company management. Hence, the section of law was altered from Sections 304-A, 337 and 287 of I.P.C, to Sections 304 Part-II, 337 and 287 of I.P.C. Aggrieved by the said alteration of Sections, the present criminal petition is filed.

3. Heard Sri P.Nagendra Reddy, learned counsel for the petitioner and Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for respondent No.1.

4. The contention of learned counsel for the petitioner is that the injured and deceased sustained injuries due to blasting of furnace, it is purely an accident and petitioner is not responsible for the said blast and no negligence can be attributed to him. Petitioner has no knowledge that the furnace will blast, therefore, failure to take preventive measures does not amount to culpable homicide. He further contended that even though it is an accident the police altered the sections by adding Section 304 Part-II of I.P.C. The accused Nos.2 and 3 were arrested and when produced before the Court, the Court returned the remand report directing the police to follow the procedure prescribed under Section 41-A of Cr.P.C., accordingly, the police issued Section 41-A of Cr.P.C. notice. He further contended that during the course of investigation, the Deputy Chief Inspector of Factories, visited the scene and after verification he opined