R.R.PRASAD, J. - (1.) AS there does not seems to be any factual controversy and the case is based purely on the question of law, the matter is being disposed of at the admission stage itself.
(2.) THIS writ application has been filed under Article 227 of the Constitution of India for quashing the entire criminal proceeding including the order dated 16,6.2006, passed by Chief Judicial Magistrate, Jamshedpur in C -2 case No. 2345 of 2006 whereby and whereunder cognizance of the offence under Sec. 92 of theFactories Act, 1948 has been taken against the petitioners. The facts of the case giving rise this application are that on 20.2.2006 Inspector of Factories, Jamshedpur, Circle 1 got telephonic information that there has been a fatal accident at Sinter Plant -1 within the premises of the factory of M/s. Tata Steel Limited, the Inspector of Factorise visited the place and made enquiry and in course of enquiry came to know that when it was found by the officials of TISCO that layers of base -mix (scale formation) have been deposited over inner surface of Bin No. 303, job was assigned by M/s. Tata Steel Limited to M/s H.K. Singhari and Company to remove scale from inside Bin No. 303 and while three workers employed by M/s. H.K. Singhari and company were removing scale from base of the conical bins, upper layer of scale caved in, as a result of which two workers out of three died under the debris of the scale and the Inspector of Factories came to the conclusion that though the workers were assigned to do hazardous works they were not provided with a safety equipments and, therefore, the accident which took place proved to be fatal.
(3.) THUS , a complaint was filed on 16.6.2006 before the Chief Judicial Magistrate, Jamshedpur alleging therein that the petitioners have contravened the provisions of Sections 36(2)(b) and 32(c) of theFactories Act, 1948 and Rule 55 -A(1) and (2) of the Bihar/Jharkhand Factories Rules, 1950 punishable under Sec. 92 of the Factories Act and on the same day Chief Judicial Magistrate, Jamshedpur took cognizance of the offence under Sec. 92 of the Factories Act.;