JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Amitabh the learned counsel for the petitioner and Mr. V. Pradhan the learned State counsel.

2. This petition has been filed for quashing the entire criminal proceeding in connection with No. G-80/13 as well as order taking cognizance dated 16.7.2013, pending in the court of learned Sub Divisional Judicial Magistrate, Hazaribagh.

3. The complaint case has been filed alleging therein that on 23.4.2013 at 11.30 p.m. an accident took place in which one Bishu Mahto died. After completion his shift while returning to house, he was crossing Magnetic Over Head Crane then suddenly hot pig iron fell down on his chest and he died on spot. It is alleged that occupier and manager had failed to ensure provisions for maintenance of plant and system of work in the factory thereby violating section 7-A(2)(c) & (d) of Factories Act 1948 and Rules 55-A (2) of the Jharkhand Factories Rules, 1950.

4. Mr. Amitabh the learned counsel appearing for the petitioner submits that the petitioners are the occupier and manager of Bihar Foundry and Casting Limited and they have been made accused in this petition. He submits that accident took place in the factory premi