The main legal point established in the judgment is that the continuation of the proceeding against the petitioners would amount to an abuse of process of law, and the cognizance order was passed without appreciating the facts and circumstances of the case.

1. Petitioners S.K. Sood, Ex-Chief Works Manager, Eastern Railway Workshop, Jamalpur, Munger, presently posted as Dean and Sr. Professor (UGT), Indian Railway Institute of Mechanical & Electrical Engineering, Eastern Railway, Jamalpur, Munger and Permanand Sharma, Ex-Deputy Chief Mechanical Engineer (Project), Eastern Railway Workshop, Jamalpur, Munger, presently posted as Dy. Chief Mechanical Engineer (Coach/Wagon), Eastern Railway, Kancharapara (West Bengal) have filed this application for quashing the entire criminal proceeding including the order of cognizance dated 22.6.2004 passed by learned Chief Judicial Magistrate, Munger, in Complaint Case No. 63C7/2004, presently pending before the Court of Sub-Divisional Judicial Magistrate, Munger, for offence under Sec. 55A(2) of the Factories Act.

2. Heard learned counsel for the petitioners and learned A.P.P. for the State.

3. The opposite party no. 2 Vinay Kumar, Inspector of Factory, Munger Anchal, Munger, has lodged prosecution report to this effect that on 1.9.2003 there was an accident in Messers Locomotive and General Engineering Workshop, Eastern Railway, Jamalpur, Munger, in which Chandra Shekhar Singh, the working employee, died due to accident. On enquiry it was found that the accident was caused due to the work taken in insecured manner by the Management. The opposite party no. 2 Vinay Kumar obtained information of accident in Form 17A from the Management of Messers Locomotive and General Engineering Workshop, Eastern Railway, Jamalpur, Munger. A detailed enquiry, as alleged, was made by the complainant on 5.9.2003 regarding place of occurrence, statement of co-workers present at the place of occurrence, work to be performed by the injured person, safety arrangement done by the Management and cause of accident and the person responsible for the same and after holding enquiry he submitted report to this effect that accident took place due to repair of Railway Wagon and Chandra Shekhar Singh died as pressed under operation of the bottom door. The side switch board of the Wagon was removed by the Management Locomotive and General Engineering Workshop, Eastern Railway, Jamalpur, Munger, which was being used for the purpose of opening and closing the bottom door of Wagon, and the door was being opened and closed by the switch board placed at the distance of 15 feet and the same was not seen by the deceased at the time of accident. The valve was opened which could not be seen by the deceased Chandra Shekhar Singh and, as such, he was trapped in the door and died. So, the Management of the petitioners was held to be not proper, who were taking work from the deceased worker in unsafe manner.

4. It has been submitted that enquiry was also held by Chief Safety Officer of the Railways, which would show that late Chandra Shekhar Singh, Yogendra Prasad and Dayanand Prasad Yadav were working inside the Wagon No. BOBRN-108043/ ER. As soon as caution sound was heard, all went out immediately but Chandra Shekhar Singh saw that the long pull rod was left hanging with a view to binding the pull rod of the Wagon, which usually takes a few seconds and the doors usually close after some minutes, entered the wagon but in the meantime, the pneumatic valve was opened and he was entrapped between the two planks of the door and got pressed. Thus, it is evident that due to lack of instant communication in between the valve operators and the workers and the misadventure on part of late Chandra Shekhar Singh, which led to accidental death of Chandra Shekhar Singh.

5. It has been submitted that allegations levelled by the complainant against the petitioners are baseless, false and fabricated. In the enquiry, witness no.1 Yogendra Prasad, who was working in the Wagon alongwith the deceased employee, stated that three employees were working under the Wagon and he supported the factum as stated above, in respect of death of the deceased Chandra Shekhar Singh. The accident took place due to fa