(BY SRI. SANTOSH B.MALAGOUDAR, ADVOCATE) v. NOTICE TO R2 IS HELD SUFFICIENT)

2. SHRI. GOPALAKRISHNA LOKAPPA RATHOD AGE. 40 YEARS, OCC. ASSISTANT MANAGER, R/O. RAJUR, TQ. RON AND DIST. GADAG-582209.

3. SHRI. SHAKIL TAJUDDIN MUJAWAR AGE. 52 YEARS, OCC. CONTRACTOR, R/O. AMBEDKAR NAGAR, ATHANI, TQ. ATHANI AND DIST. BELAGAVI-591230. (BY SRI. SANTOSH B.MALAGOUDAR, ADVOCATE) …PETITIONERS AND: B K MAHENDRAKUMAR MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench +0530

THE STATE OF KARNATAKA THROUGH PSI AIGALI POLICE STATION, R/BY ADDL. STATE PUBLIC PROSECUTOR, S.P.P. OFFICE, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011.

SRI. MOHAMMED IRFAN S/O. MOHAMMED SAYYED AGE. 24 YEARS, OCC. COOLIE, R/O. BANDWAR, TAL. RAJORA, DIST. BEGUSARAI, STATE. BIHAR-283113. (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS HELD SUFFICIENT) …RESPONDENTS - 2 - NC: 2025:KHC-D:2111 CRL.P No. 102152 of 2023 THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO, QUASH THE ENTIRE PROCEEDINGS IN CC NO.1682/2020, REGISTERED FOR THE OFFENCES PUNISHABLE U/S 304(A) OF IPC PENDING ON THE FILE OF I ADDL. CIVIL JUDGE AND JMFC COURT ATHANI, IN SO FAR AS PRESENT PETITIONERS/ACCUSED NO.1 TO 3 ARE CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER

1. The petitioners, who have been charge-sheeted for the offence punishable under Section 304A of the Indian Penal Code, 1860 (IPC), have approached this Court seeking quashing of the criminal proceedings initiated against them.

2. The case of the prosecution is that on 29.09.2018, at approximately 12:30 p.m., an explosion occurred in the Kokatnur Digestor Unit of Renuka Sugars, resulting in injuries to two workers, Mohammed Manzir and Mohammed Shamshir. The explosion was allegedly caused by the lid of a tanker bursting within the unit. The injured persons were immediately taken to the hospital, where they later succumbed to their injuries. The prosecution alleges that petitioner No.1, the Deputy General Manager of the Kokatnur Sugar Factory, petitioner No.2, the Assistant Manager of factory, and petitioner No.3, contractor who had engaged the deceased to work in the factory on a contractual basis, failed take adequate precautionary measures to prevent the accident, thereby resulting in the tragic incident. - 3 - NC: 2025:KHC-D:2111 CRL.P No. 102152 of 2023

Heard the learned counsel for the petitioners and the learned High Court Government Pleader for respondent No.1- State.

It is brought to the Court’s attention that, on the same set of allegations, a complaint has already been filed under the provisions of the Factories Act, 1948. While the said complaint under the Factories Act is pending adjudication, the present FIR has been registered for the offence punishable under Section 304A of the IPC.

The question of whether simultaneous prosecution under Section 304A of the IPC, when a case has already been instituted for the offence under Section 92 of the Factories Act, 1948, is legally permissible has been examined by a Co-ordinate Bench of this Court in Crl.P. No.102370/2017 c/w Crl.P. No.100844/2018, which was disposed of on 28th January 2022. In the said case, the Co-ordinate Bench, relying on the decisions of the Hon’ble Supreme Court in: • J.K. Industries Limited & Others v. Chief Inspector of Factories & Boilers & Others, (1996) 6 SCC 665, and • R.S. Joshi & Others v. Ajit Mills Limited & Another, (1977) 4 SCC 98, has categorically held that registration of an FIR, investigation, and filing of a charge sheet under Section 304A IPC, in the presence of - 4 - NC: 2025:KHC-D:2111 CRL.P No. 102152 of 2023 proceedings under the Factories Act, are illegal, without jurisdiction, and amount to an abuse of the process of law. Accordingly, in that case, the criminal proceedings were quashed.