Anubha Rawat Choudhary, J. - (1.) Heard Mr. Indrajit Sinha, counsel appearing on behalf of the petitioners along with Mr. Pradipto Mitra, Advocate.
(2.) This petition has been filed for the following relief: "For quashing the entire criminal proceedings initiated as against the petitioners in connection with Bistupur Police Station Case No.68 of 2007 corresponding to G.R. No.497 of 2007, including the order dated 26.10.2007 passed by the learned Chief Judicial Magistrate, Jamshedpur, whereby and whereunder he has been pleased to take cognizance of the offence under Sections 287, 337 and 338 of the Indian Penal Code as against the petitioners, and all further proceedings subsequent thereto in the said Bistupur Police Station Case No.68 of 2007 corresponding to G.R. No.497 of 2007, now pending in the court of learned Judicial Magistrate, Jamshedpur."
(3.) The prosecution story in brief is that one Bistupur P.S. Case No. 68 of 2007 dated 02.03.2007 was registered on the basis of the fardbayan of Mrs. Manju Kumari recorded on 28.10.2006, wherein, inter alia, she has alleged that on 24.10.2006, she along with her husband and children had visited Jubilee Park and had taken a ride on "Moon Maker" and in course of the ride, the same malfunctioned, as a result of which she fell down and received head injury and her husband received minor injuries. She has further alleged that there was no safety belt on that ride and it is because of the negligence of the petitioners, the incident took place. It has also been alleged that the safety belts were there when on earlier occasion they had taken a ride. It has been alleged that the owners of the ride are (chairman) Raina (petitioner no. 1), manager Mohanty, JUSCO Management and Sanjiv Bhan (petitioner no. 2). It is alleged that the accident had taken place due to negligence of Raina (petitioner no. 1), Mohanty and Sanjiv Bhan (petitioner no. 2).;