Single judge quashed the order rejecting the petitioners' discharge application in a fatal accident case due to lack of reasons and remanded it for fresh consideration.
Impugned order quashed and set aside; matter remanded to trial court for fresh order within 4 weeks.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 1142 of 2017
1.Samir Kumar Gupta 2.Amrendra Kumar … … Petitioners Versus The State of Jharkhand … … Opposite Party ---
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY --For the Petitioners : Mr. Satish Kumar Ughal, Advocate For the Opposite Party : Mrs. Laxmi Murmu, A.P.P.
6/13.08.2018 Heard Mr. Satish Kumar Ughal, learned counsel for the petitioners and Mrs. Laxmi Murmu, learned A.P.P. for the State.
This application is directed against the order dated 26.07.2017 passed by the learned Additional Sessions Judge I, Pakur in S. T. No. 218 of 2007 whereby and whereunder the discharge application preferred by the petitioners has been rejected.
Submission has been advanced by the learned counsel for the petitioners that the petitioners are the manager and mate of the stone quarry. It has been stated that an inquiry was conducted by the Director General of Mines Safety, Sitarampur, Region II and pursuant to the inquiry the petitioners were penalized by imposing fine on them as well as taking adverse steps against their service. Learned counsel further submits that the impugned order dated 26.07.2017 does not disclose any reasons and mere reference has been made of certain paragraphs of the case diary.
Learned A.P.P. for the State has opposed the prayer.
It appears that the petitioners being the manager and mate are being proceeded against in connection with Pakur (Malpahari) P. S. Case No. 73 of 2007 wherein it has been alleged that the deceased who was working as miner in the stone quarry had died on account of stone falling on his body leading to institution of the case. It also appears that a separate inquiry was conducted by the Director of Mines, Region II, Sitarampur area and the petitioners were harshly penalized which also affected their service career. It further appears that the wife of the deceased has been variously compensated.
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Be that as it may, since the impugned order dated 26.07.2017 has not at all given independent finding with respect to the involvement of the petitioners in the accident and mere reference has been made of certain paragraphs of the case diary without giving a glimpse of the contents of the said paragraphs, the impugned order dated 26.07.2017 has been passed. In absence of any appropriate reason therefore, the impugned order dated 26.07.2017 passed in S. T. No. 218 of 2007 by the learned Additional Sessions Judge I, Pakur is hereby quashed and set aside and the matter is remanded back to the learned trial court to pass a fresh order in accordance with law after hearing the respective sides and on proper consideration of the materials available on record.
The exercise indicated above should be completed within a period of 4 weeks from the date of receipt/production of a copy of this order. This application stands disposed of with the aforementioned observations and directions.
(Rongon Mukhopadhyay, J)
R. Shekhar Cp 3
2 issues framed by the court
Whether the order rejecting the discharge application is quashed for lack of reasons and proper consideration of materials.
Whether the matter is remanded to the trial court for a fresh order.
Samir Kumar Gupta
Amrendra Kumar
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
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