ORDER :

These Criminal Original Petitions have been preferred to quash the proceedings in C.C.Nos.3774 & 3773 of 2020 pending on the file of the learned Chief Metropolitan Magistrate, Egmore, Chennai. Both the cases arises out of the same cause of action, but against the different petitioners/accused. Out of whom, one is the manager and the another is the occupier of the Internal Coach Factory, Chennai. Both the petitions are taken up together and considered for a common order.

2. The respondent is the Deputy Director of Industrial Safety and Health. He has a filed private complaints against each of the petitioner for the alleged violations of Section 7A (1)(2) Section 41 rule 61 E and Rule 61 F and Section 38 ( 3) rule 61 (11 )(e)(f) & 13 of the Tamil Nadu Factories Act 1948 and Amended Factories Act 1987 and Tamil Nadu Factories Rules 1950.

3. The Internal Coach Factory, Chennai, is a premium coach manufacturing unit of India established in the year 1955 under the Ministry of Railways. It is involved in manufacturing passenger coaches to Indian Railways and also exporting them to other countries. The Internal Coach Factory is herein after referred as ICF. The ICF is the largest coach manufacturing unit in the world.

3.1. The petitioner has been nominated as the manager for Furnishing Division, ICF, Chennai. He is a Group A officer of the Indian Railways appointed by the President of India. He is entitled to all the privileges and amenities provided under the Service Rules of Government of India, for all the acts discharged by him during the course of his official duties. The respondent has filed the complaint against the petitioner, who was the manager in ICF is for the offences under Section 41 rule 61 E and Rule 61 F and Section 38 ( 3) rule 61 (11 )(e)(f) & 13 of the Tamil Nadu Factories Act 1948 and Amended Factories Act 1987 and Tamil Nadu Factories Rules 1950 and the complaint against the petitioner, who is the occupier in ICF is for the offences under Section 7A (1)(2) sec.41 Rule 61 E and Rule 61 F and Section 38 ( 3) rule 61 (11)(e)(f) & 13 of the Tamil Nadu Factories Act 1948 and Amended Factories Act 1987 and Tamil Nadu Factories Rules 1950.

4. The brief facts set out in the complaint is as under:

On 28/7/2020 at about 13 hours, the contract labourers by names S.Parthasarathi and Soundarapadian were required to collect materials by using the platform truck from electrical shop and parked it in the middle of line 2 & 3 of shop No.30 in the dispatch shed. After parking they went for lunch at 3:00 p.m. During inspection, it came to the notice that the marking of Forward and Reverse direction was written wrongly on the body of the vehicle. Since no work was allotted for the above labourers, they decided to hand over the platform truck to the electrical shop. While parking the platform truck the labourer Parthasarathi had given reverse acceleration instead of forward acceleration and due to that the platform truck hit on the Coach No.2888. It happened due to the wrong marking of the Reverse and Forward symbols for acceleration. In the said accident, Parthasarathi got seriously injured and he became unconscious. Immediately he was given with the first aid treatment and taken by an ambulance to the hospital and the doctor declared that he was brought dead. The above death was due to the wrong marking of directions and faulty break on the platform truck as automatic Fire Hydrant System with water for firefighting at the rate of 400 liters per minute and 7 kg/cm2 of pressure and with a tank capacity for a period of fire fighting as specified in the rules, has not been provided and maintained.

4.1. In view of the above stated violations, the above complaints made against the petitioners with the above allegations. The complaints were taken on file in C.C.Nos.3774 & 3773 of 2020 and summons were issued to the petitioners. The petitioners have filed these petitions by stating that there are no lapse or violations on their part and h