( 1 ) BY this petition under Section 482 of the Criminal procedure Code, 1973 (for short, the Code ) petitioners have prayed for quashing of the order dated 15. 7. 2004 passed by the Metropolitan Magistrate, delhi summoning them to face trial for the offence under Section 304-A, IPC in the case FIR No. 46/2003, P. S. Lodhi Colony, New Delhi.

( 2 ) PROSECUTION case briefly is as follows : On 15. 4. 2003, Niranjan Singh tanti lodged a report to the Police, alleging that he and his brother Ram Dulare kumar were working as labourers under Madan Lai, Contractor (hereinafter referred to as the contractor ) who was constructing house No. 129, Jor Bagh, new Delhi (for short, the house )- The contractor had made a temporary passage for going to the basement out of old wooden planks without providing proper support. He was told that it was dangerous and some one can fall, he ignored the request and told them to work. On the fateful day, at about 4. 00 p. m. his brother while carrying building material on his head, was going to the basement through that wooden passage; he fell down in the basement and received injuries and became unconscious. He was immediately removed to