RANCHI, India, Dec. 10 -- Jharkhand High Court issued the following order on Nov. 10:

1. Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, with a prayer to quash the entire criminal proceedings in connection with G. (Mines Safety) Case No. 31 of 2018 including the order dated 08.01.2019 passed by learned Sub Divisional Judicial Magistrate, Hazaribagh, whereby the learned Judicial Magistrate has found prima facie case for the offence punishable under Sections 72A, 72C (1) (a) & (b) as well as Section 73 of the Mines Act and passed the summoning order.

3. Learned counsel for the petitioners submits that the petitioners are innocent and have not committed any offence. It is next submitted that even if the allegation made against these petitioners are considered to be true, still no offence is made out against them, as the accident took place due to rash and negligent driving of the driver by road grader machine because of which the vehicle operator lost his control. It is further submitted that the concerned operator of the machine has unauthorizedly attempted to park the vehicle in the place as per his convenience within the premises of workshop / mines, which is not authorized for parking.

4. Learned counsel for the petitioners relies upon the judgment of the Hon'ble Supreme Court of India in the case of G. N. Verma Vs. State of Jharkhand & Another reported in (2014) 2 SCC 282 wherein, in the facts of that case, the said G. N. Verma was alleged to be the Chief General Manager and the complainant did not contend any allegation specific or otherwise against the said G. N. Verma. Further, the Hon'ble Supreme Court of India has held that there is no basis for proceeding under Section 72-B of the Mines Act and quashed the complaint.

5. Learned counsel for the petitioner further relies upon the judgment passed by a co-ordinate bench of this Court in the case of Md. Fasiuddin & Others Vs. The State of Bihar (Now Jharkhand) & Another with allied cases reported in 2012 SCC OnLine Jhar 575, wherein in the facts of that case, when a prosecution was launched against the petitioner before the Court for having committed the offence under Section 33 of the Indian Forest Act as well as Section 2 of the Forest Conservation Act, a coordinate bench of this Court considering that the petitioners before this Court were made accused only being the officials of the TISCO; wherein the allegation was only against TISCO and there were no specific allegation in the prosecution against the petitioners; held that the prosecution is not maintainable and quashed the criminal proceeding. It is lastly submitted that the prayer as prayed for in this Cr.M.P., be allowed.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62Wg7diKmqwFhWZmuni5xEwbxbAdVS5Cv%2FrxttcLNZXwLe&caseno=Cr.M.P./445/2019&cCode=1&cino=JHHC010059912019&state_code=7&appFlag=)

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