1. This petition is for quashrnent of criminal proceeding pending before the Judicial Magistrate First Class, Tilda, in Climinal Case No.60/2008.

2. I have heard learned counsel for the parties and perused copy of charge sheet, copy of order dated 31-7-2008 passed by the Judicial Magistrate First Class, Tilda relating to dismissal of application for discharge of the accused, copy of order dated 22-11-2008 passed by the Special Judge & 1st Additional Sessions Judge, Raipur in Criminal Revision No. 193/2008 and copies of other documents.

3. Prosecution case in nutshell is that the applicant is occupier of Arsh Iron & Steel Private Limited situated at Sarora, Tehsil Tilda, Distt. Raipur. One Bablu Tiwari (since deceased) who was employee of the applicant in the said factory sustained burn injuries on 25-12-2006 and as a result of the burn injuries received in the factory premises while working in the factory, Bablu Tiwari died on 30-12-2006. Prosecution for the offence punishable under Section 7 A (2) (c) of the Factories Act, 1948 read with Rule 73 of the Chhattisgarh Factory Rules, 1962 and Section 88 of the Factories Act, 1948 read with Rules 108 (1) & 108 (4) of the Chhattisgar