AI Structured Summary
Not yet generated for this judgment
Judgment
S.K. Panigrahi, J
This matter is taken up by video conferencing mode.
Heard learned counsel for the petitioner and learned counsel for the State.
In this petition under Section 482, Cr.P.C., the petitioner prays for quashing the cognizance order dated 07.05.2021 passed by the learned J.M.F.C.,
Chandikhole in connection with C.T.Case No.1349 of 2020 arising out of Jenapur P.S.Case No.317 of 2020.
The brief fact of the case is that the informant, who is the A.S.I. of Jenapur Police Station, along with his staff went to village Mukundapur to
enquire into the matter regarding the injuries sustained by the child of one Bulu Mallik due to blast of substantive materials near his house. The
informant has alleged therein that on 29. 09.2020 at about 1.30 P.M., while the family of the Opposite Party No.2 was taking rest and his son was
playing inside the house, the petitioner used explosive substance in the nearby quarry no.2, which is a government prohibited quarry, in order to illegally
extract stone by engaging workers. As a result of the blast, one piece of stone broke the asbestos roof of the Opposite party No.2’s house and hit
the head of his minor child leading to severe injuries. Thereafter, the minor child was shifted to the hospital immediately wherein he is undergoing
treatment in critical condition. Accordingly, the F.I.R. was lodged by the informant against the petitioner for commission of offences punishable under
Sections 286/336/337/ 338/379/427/325/511 of the I.P.C. read with Section 21 of the MMDR Act and Section 394 of the E.S. Act.
Learned counsel for the petitioner submits that the opposite party no.2 has never stated before the I.O. that the petitioner was responsible for the
blast in the quarry no.2. Additionally, he submits that none of the witnesses in their 161 statements have stated that the petitioner has a role to play
regarding the blast in quarry no.2.
Learned counsel for the State has vehemently opposed the contention of the petitioner. He submits that contrary to the contention of the learned
counsel for petitioner, some of the witnesses have clearly mentioned that the petitioner is vicariously liable for the blast in the quarry no.2. Hence, the
learned J.M.F.C., Chandikhole has the jurisdiction to adjudicate on this matter and the present petition should be rejected.
Considering the facts and submissions of this case, I am not inclined to quash the cognizance order dated 07.05.2021 passed by the learned
J.M.F.C., Chandikhole in connection with C.T.Case No.1349 of 2020 arising out of Jenapur P.S.Case No.317 of 2020. The prayer in the CRLMC is
devoid of merit and hence, the same stands rejected.
The CRLMC is accordingly disposed of being dismissed.
Urgent certified copy of this order be granted on proper application..
……………………………….