JUDGMENT :

Heard Mr. Ashutosh Ranjan Kumar, learned counsel appearing for the petitioner and Mr. Prabhu Dayal Agarwal, learned counsel for the State.

2. This petition has been filed for quashing the entire criminal proceeding including the order taking cognizance dated 18.09.2012 in connection with Chowka P.S. Case No.31 of 2012, corresponding to G.R. No.469 of 2012, pending in the court of the learned Judicial Magistrate, 1st Class at Seraikella.

3. The FIR has been lodged on the basis of the written report of the Sub Inspector of Police, Chowka Police Station wherein it has been alleged that the deceased labour Nirmal Singh Sardar while working in the sponge iron of Sidhi Vinayak Metcom Ltd., sustained internal head injuries due to which he died whereupon an U.D. Case was instituted in Chowka Police Station. In course of investigation, it transpired that due to lack of proper safety measures, the accident had taken place resulting to death of the deceased labourers.

4. Learned counsel for the petitioner submits that the deceased Nirmal Sardar was not an employee of Sidhi Vinayak Metcom Ltd. and he was actually a contractor's labourer. He submits that the factum of the death of the de