CRIMINAL MISCELLANIOUS No.44350 OF 2005 In the matter of an application under Section 482 of the Code of Criminal Procedure. 1. S.K. SOOD, CHIEF FACTORY MANAGER, LOCOMOTIVE AND GENERAL ENGINEERING, WORKS SHOP, EASTERN RAILWAY, JAMALPUR, MUNGER. 2. PARMANAND SHARMA, DEPUTY CHIEF MECHANICAL ENGINEER, LOCOMOTIVE AND GENERAL ENGINEERING WORKS SHOP, EASTERN RAILWAY, JAMALPUR, MUNGER. ---------------------------------------------------------------------------------------------- PETITIONERS Versus 1. THE STATE OF BIHAR. 2. VINAY KUMAR, FACTORY INSPECTOR, MUNGER CIRCLE, MUNGER. -------------------------------------------------------------------------------------- OPPOSITE PARTIES For the petitioners :- Mr. Devendra Kumar Sinha, Sr. Advocate Mr. Parashuram Singh, Advocate For the State :- Mr. Jharkhandi Upadhyay, A.P.P. P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN S.A. Khan, J. Petitioner no. 1 is the Chief Factory Manager, Locomotive and General Engineering, Works Shop, Eastern Railway, Jamalpur, Munger and petitioner no. 2 is the Ex-Deputy Chief Mechanical Engineer, Locomotive and General Engineering, Works Shop, Eastern Railway, Jamalpur, Munger. A prosecution was instituted vide Annexure-2 wherein it has been stated that the petitioners are guilty under Sub Rule (I), (II) & (III) of Rule 55(A) along with Sections 29 and 32 of the Factory Act, 1948. The prosecution report also discloses that Kamgar Arjun Choudhary died in an accident while the table fixture was being moved from one place to another. It is said that the death occurred due to the 2 fact that the procedure for moving the fixture was very uncertain and because the area was strewn with lubricant oil which made it slippery. 2. Learned counsel for the petitioners submits that the cognizance has been taken under charging section but the penal clause has not been included which indicates non-application of mind. 3. Accordingly, I quash the order dated 2.8.2004, passed by the Chief Judicial Magistrate, Munger in Case No. 88 C-7/2004 under the Factory Act and remand it back to the Chief Judicial Magistrate, Munger for re-consideration after going through the prosecution report and the provisions of the Factory Act. 4. This application is thus, disposed of. Patna High Court, The 28th of February, 2011. Sanjay/N.A.F.R. ( Sheema Ali Khan, J.)