This Rule was directed against the order of the learned 1st Class Magistrate of Sealdah whereby he has ordered issue of summons against the accused petitioners under Ss. 6(a), 6(e) and 18 of the Indian Boilers Act. The prayer of the accused petitioners is that this proceeding against them should be quashed.

2. The petitioners are proprietors of firm named and styled as Hind Rubber Industries at 2, New Tangra Road, Calcutta. What happened is that according to the petitioners on 28-1-1962 while Biswanath Mistry was testing the baby boiler at about 8-15-p.m. the boiler really burst, whereby Biswanath died and some other persons were injured. The Chief Inspector of boilers Bled a complaint before the learned Magistrate of Sealdah on 30-3-1962, under the aforesaid sections. The Magistrate took cognizance and ordered issue of summons against the accused petitioners. On 19-6-1962 the complaint was dismissed under S. 204 of the Criminal P.C., by the Magistrate as no copies of the complaint were filed. Thereafter the case was restored and the accused petitioners were summoned under the aforesaid sections of the Indian Boilers Act.

3. The points urged by Mr. Bhupendranath Mitra, the learn