Pradip Kumar Biswas, J. - (1.) Parties are present before me through their learned advocates. Heard them.
(2.) This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure filed at the instance of one Dipak Kumar Chowdhury and another, petitioners herein, seeking for quashing of a proceeding being Case No. C/2533 of 1998 and/or set aside the order dated 3 1.8.2002 passed by the Learned Metropolitan Magistrate, 6th Court, Calcutta in the aforesaid proceeding under Section 406 of the Indian Penal Code.
(3.) The short facts leading to the filing of this revisional application are as under : It has been alleged by the prosecution that these two accused petitioners are the Directors of M/s. Shanks (Steel Fab) Pvt. Ltd., and they being the principal employees within the meaning of Clause 17 of Section 2 of the E.S.I. Act read with Section 86A of the E.S.I. Act are the persons-in-charge of the said factory and are responsible for having all control over the administration and day-to-day business of the said factory.;