Ishwar Chandra Mehta @ I.C. Mehta vs The State Of Jharkhand And Anr
2022 Latest Caselaw 3488 Jhar

                   IN THE HIGH COURT OF JHARKHAND, RANCHI
                             Cr.M.P. No. 2552 of 2022
                                           ----

Ishwar Chandra Mehta @ I.C. Mehta ..... Petitioner

-- Versus --

The State of Jharkhand and Anr. ...... Opposite Parties

----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

---

For the Petitioner :- Mr. Amit Kr.Sinha, Advocate For the State :- Mr.Satish Prasad, Advocate

----

2/31.08.2022 It has been submitted by the learned counsel for the petitioner the petitioner was not present at the place of occurrence except petitioner no.5 (Cr.MP No.1298/22). The entire incident that took place on 15.03.2021 was an accident for which U.D. Case has also been filed by Mohar Prasad Ratre (petitioner no.5). It has also been submitted that the incident took place in the Topa Colliery and immediately the matter was inquired into by the Directorate General of Mines Safety, who after conducting the inquiry did not find any criminality involved in the present case. So far as the petitioners are concerned, the opposite party no.2 has lodged the FIR after one year of the incident. It has been further submitted that ex gratia amount of Rs.15 Lakhs has also been paid to opposite party no.2 by the Central Coalfields Limited authorities vide cheque no.726992 dated 27.08.2021 and out of the said amount, Rs.5 Lakhs was the liability of M/s Automation Control and hence the same has been deducted from the security deposit money. It has been further submitted that apart from the above mentioned ex gratia amount, an amount of Rs. 5 Lakhs being the insurance amount of the deceased deducted by M/s Automation Control was also released in favour of opposite party no.2. It has also been submitted that the case of the petitioners is fully covered in light of the judgment passed by this Court in the case of Ashwini Kumar v. The State of Jharkhand in Cr.M.P. No.1012 of 2021, dated 20.12.2021.

Let notice be issued upon opposite party no.2 by ordinary process as well as registered post with A/D, for which, requisites etc. must be filed within one week.

Let this matter appear on 03.11.2022.

In the meantime, no coercive steps shall be taken against the petitioner in connection with Mandu (Kujju) P.S. Case No.58 of 2022, pending in the court of the learned A.C.J.M., Ramgarh.

( Sanjay Kumar Dwivedi, J.)

SI/,