JUDGMENT :

1. Heard the learned counsel for the parties.

2. This Cr.M.P. has been filed for quashing the entire criminal proceeding including the order dated 04.01.2011 passed by the learned C.J.M., Bokaro in Factory case No. 01 of 2011 whereby and where under the learned C.J.M. Bokaro has taken the cognizance for the offence punishable under Section 92 of the Factories Act, 1948 against these petitioners. It has been pointed out that the petitioner no. 1- Nigam Chandra Bahl is the occupier and petitioner no. 2- D.P. Banerjee, is the Manager of the factory M/S Electrosteel Steels Ltd. Siyaljori, Chandankyari, district-Bokaro and the allegation against them is that on 14.10.2010 from the under constructed S.M.S of factory premises one workman Vasisht Mahatha fell down during the work from High Bay Structural Platform by which he died and after the said incident the statement of the co-workers were recorded. It was alleged that the factory premises was unsafe and dangerous and no step was taken for the railing and fencing of the same, therefore, the deceased workman fell down from the under constructed high Bay platform and he died. It has also been alleged that the said workman was no