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Judgment
N.K. Gupta, J.—Heard on admission.
By the present application u/s 482 of Cr.P.C. the applicant has challenged the order dated 5.2.2010 passed by the Second Additional Sessions Judge, Betul thereby the order dated 3.7.2008 passed by the learned JMFC Betul in Criminal Case No. 1055/2007 was confirmed whereby the charges u/s 92 of the Factories Act were framed against the applicant.
The prosecution case, in short, is that on the date of incident, a dumper was parked below high tension line and some labourers were filling it with coal dust. The driver found that it was heavily loaded, and therefore one labour was sent on the top of the dumper to remove coal dust and thereafter he sustained electrocution due to high tension line. Thereafter the charge sheet was filed by the SHO of Police Station Sarni for the offence u/s 304-A of IPC and other offences.
After considering the submission made by learned counsel for the parties, it would be apparent that the charges are framed on the basis of the evidence collected by the prosecution. The revision filed by the applicant was dismissed by the learned Second Additional Sessions Judge, Betul on 5.2.2010 and thereafter four years are passed and some witnesses are examined before the trial Court. Under such circumstances, where the present matter depends upon the circumstantial evidence, it would not be proper for this Court to interfere in the trial at later stage. Therefore, inherent powers of this Court cannot be exercised in such a case. Consequently, the present application filed by the applicant u/s 482 of Cr.P.C. is hereby dismissed at motion stage.
A copy of this order be sent to the trial Court for information.