K V ASHRAF HUSSAIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner Nos.l and 2 herein, who are respectively accused Nos. 1 and 2 in CC No.962/2006 on the file of the learned Civil Judge (Jr.Dn.) and JMFC, Kunigal, Tumkur District (hereinafter referred to as 'Trial Court' for short) have sought for quashing of the entire proceedings in the said case.

(2.) Though this matter was listed on 31.3.2010 for admission, it was taken for final disposal and the arguments of Sri R Jayaprakash, the learned counsel for the petitioners - accused and Sri Vijayakumar Majage, the learned High Court Government Pleader for the respondent - State were heard on merits. The averments in the complaint filed by the Inspector of Factories before the Trial Court and other materials placed on record by the learned counsel for the petitioners were perused.

(3.) Sri R Jayaprakash, the learned counsel for the petitioners, strongly contends that the 2nd petitioner herein was tried by the same Court along with another accused viz: Umesh, an employee in the said factory in CC No.61/ 2007 for the offence under Section 304-A, IPC in respect of the death of the said Smt.Gowramma, who was also an employee in the said factory, on the ground that she died as a result of the injuries sustained by her due to she coming into contact with the transmission machinery in the said factory which was not securedly fenced by these petitioners, of whom petitioner No.2 was one of the accused therein, and therefore, the present criminal case (CC No.962/06) registered against the petitioners herein for the offence under the Factories Act, on the same set of facts, cannot be allowed to be continued in view of the provisions of Section 300, Cr.P.C.