JUDGMENT :

N. Anand Venkatesh, J.

1. These Criminal Original Petitions have been filed seeking to quash the proceedings initiated by the respondent for an offence under section 41 & 87 of the Factories Act, 1948, r/w 61-E & F & section 21(2) Rules 53 & 95 of the Tamil Nadu Factories Rules, 1950.

2. The petitioners are the occupier and the Manager of Rane Brake Linings Limited.

3. The private complaint has been instituted based on two incidents. The first incident pertains to V. Krishnamurthy who was aligning ejection pins of clutch facing module in pre-form machine. At that time, the press was operated in an unsafe manner, as a result of which, he sustained caused bodily injuries. The relevant Form No. 18 prescribed under Rule 96 was filed by indicating that the said B. Krishnamurthy was aligning ejection pins in preform press No. 245 with a screw driver and his helper was doing inching up action, the screw driver got slipped and his right hand index finger got crushed.

4. The second incident that has been cited in the complaint pertains to S. Ramesh, who is an apprentice, while he was taking the inspected rail blocks to packing area by trolley and some of the blocks fell down on his ri