The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.4111 of 2023 Karan Kumar Kejriwal …. Petitioner Mr. P.K. Rath, Sr. Advocate Mr. A. Dash, Advocate -versus- State of Odisha …. Opp. Party
Legal Reasoning
Mr. B.K. Ragada, AGA CORAM: JUSTICE SIBO SANKAR MISHRA
Decision
Order No. ORDER 04.09.2024 07. 1. Heard Mr. P.K. Rath, learned Senior Advocate appearing for the petitioner and Mr. B.K. Ragada, learned Additional Government Advocate. 2. The petitioner has invoked the inherent jurisdiction of this Court under Section 482 of Cr.P.C. seeking quashing of the F.I.R. being Bhadrak (Rural) P.S. Case No.226 registered on 11.04.2023 against the petitioner for alleged offences under Sections 285/ 286/ 337/ 338/304-A/374/506/34 of the IPC. 3. The allegation in the F.I.R. is that one Sushanta Kumar Sethi, who was working as a Pipe Fitter under a third party contractor, namely, Bharati Jena along with other workmen of M/s. FACOR lodged the case, inter alia alleging that due to negligence of the Occupier of the factory and other responsible officers, fire was broke out in the furnace at the charge chrome plant, which led to severe fire injury sustained by two workmen working at the Production Department of the Charge Chrome Plant, Randia. On the basis of the said complaint, the F.I.R. has been registered. 4. The criminal law was set into motion against the present petitioner, who has been working as Chief Financial Officer in the factory. The petitioner is neither the Occupier nor the person in-charge of the maintenance of the factory or the boiler. He was only in charge of the financial affairs of the factory. 5. This Court vide order dated 21.11.2023 directed the State Counsel to obtain the up-to-date instruction in respect of the preliminary enquiry taken up by the Inspector of Factories and Boilers. The said order was again reiterated on 07.12.2023 and 08.01.2024. Pursuant to the said directions of this Court, the State Counsel has now placed on record the instruction received by him from the I.I.C., Bhadrak (Rural) Police Station. The instruction dated 11.08.2024 reads as under: “To The Office of the Advocate General, Odisha, Cuttack. Ref: CRLMC No.4111 of 2023 filed by Sri Karan Kumar Kejriwal –vs- State of Odisha (Arising out of of 2023 Bhadrak Rural PS Case no-226 corresponding to G.R. Case No.822 of 2023). Sub- Submission of Instruction. Sir, With reference to the subject I have the honour to report you that on the written report of Complt. 2 IPC Susanta Kumar Sethy (40), S/o Mohan Sethy of Vill. Koranta PS Bhadrak Rural, Dist- Bhadrak, Bhadrak Rural PS Case No.226 dt. 11.04.2023 u/s- has 285/286/337/338/304-A/374/506/34 been registered and SI Chhatish Kumar Gochhi took up investigation of this case and subsequently SI A. Mohanty took charge of investigation of the case on his transfer. During course of investigation the IO has made prayer to the Asst. Director of Factories and Boilers about fatal accident report of Bijay Kumar Mohapatra and RatikantaSutar in M/S FACOR, Randia, Bhadrak. They have also submitted report about fatal accident report of Bijay Kumar Mohapatra and RatikantaSutar in M/S FACOR, Randia, Bhadrak. However, regarding the involvement of the petitioner namely Sri Karan Kumar Kejriwal S/o. Sri Mahesh Kejriwal At/p- Working as Chief Financial Officer of FACOR, At D.P. Nagar, PO- Randia, Dist- Bhadrak is so far not established. On being asked the official during investigation it is ascertained that he is working as Chief Financial Officer of FACOR for. For which he has never indulged himself in the functioning of production work and day to day operation of plant side work. As he is dealing with the financing part, the Complainant has put his name in the FIR. I have contacted with the officer of factories and boilers to appear before the Office of The Advocate General, Odisha, Cuttack for discussion of aforesaid matter which was listed before the Hon’ble Court on 06.08.2024 and while adjourning the matter to 20.08.2024. But Officer of factories and boilers disclosed that they have not received any letter from the Office of The Advocate General, Odisha, Cuttack regarding the above purpose. This is favour of your kind information. Yours Faithfully Sd/- IIC, Bhadrak Rural PS" 6. In view of the specific instruction given by the I.I.C., Bhadrak (Rural) Police Station that the present petitioner, who has been working as a Chief Financial Officer of M/s. FACOR was found to be not involved in the functioning of the production work of the factory 3 as such he is not liable for the offences alleged to have committed. 7. In view of the aforementioned instruction, which is placed on record, the petition deserves merit. Accordingly, the F.I.R. bearing Bhadrak (Rural) P.S. Case No.226 of 2023 corresponding to G.R. Case No.822 of 2023 pending in the Court of learned S.D.J.M., Bhadrak and the consequential proceeding qua the petitioner is quashed. 8. Mr. P.K. Rath, learned Senior Advocate has extensively argued the matter relying upon various judgments and facts of the case to impress upon the Court that the petitioner being in the charge of financial affairs of the company and not being the Occupier of the factory or in-charge of the production cannot be fasten with the criminal liability of the mishap alleged to have taken place in the furnace. He has also relied upon various documents, which have been placed on record to explain the operational system of the furnace. I feel it irrelevant to go into the issue in detail in view of the report submitted by the IIC, Bhadrak (Rural) Police Station. Therefore, I have not delved upon the argument advanced by Mr. Rath, and quashed the proceeding solely on the basis of the report that has been submitted by the IIC, Bhadrak (Rural) Police Station. At this stage, it is made clear that notwithstanding the present order of quashing 4 the proceeding in the event any evidence comes on record at any stage of the trial against the petitioner, the prosecution/trial Court shall not be precluded to invoke the provision of Section 319 of Cr.P.C. 10. The CRLMC is accordingly disposed of. (S.S. Mishra) Judge amit Signature Not Verified Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 26-Sep-2024 09:35:48 5