MASTURLAL (PVT.) LTD. Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The petitioner is before this court calling in question proceedings in C.C.No.4142 of 2016 pending before the 5th Additional Chief Metropolitan Magistrate, Bengaluru, registered for the offences punishable under Ss. 15(2) , 19 , 22 and 23 of the Collection of Statistics Act, 2008 (hereinafter referred to as 'the Act' for short).

(2.) Facts, in brief, adumbrated are as follows: The petitioner claims to be a registered company under the provisions of the Companies Act with effect from 17/11/1971. It is, in these proceedings, represented by its Managing Director. The Company is into manufacturing of Technical units of Textiles, which are used in industries. The petitioner is governed under the Factories Act , 1948, and for statistics and programme implementation, it is governed under the Act. It is the claim of the petitioner that it has been diligent in furnishing statistical data to the respondent / Government of India, Department of National Sample Survey annually. In the year 2011, it is averred that the Accounts Officer of the petitioner was seriously ill and subsequently, succumbed to her illness and in the same year, the Chairman also passed away. On these grounds, the annual statistical data that had to be submitted for the year 2010-11, to the respondent, was not submitted. Therefore, the respondent initiates criminal proceedings by registering a complaint under Sec. 200 of the Cr.P.C., in C.C.No.22683 of 2012. On the learned Magistrate issuing notice, the petitioner appears and pleads guilty of the offence and pays a fine amount of Rs.5,000.00 and Rs.1,000.00 in all Rs.6,000.00, on 28/5/2013.

(3.) After closure of the proceedings on pleading guilty, the petitioner was required to furnish data to the respondent within the stipulated period under Sec. 15 of the Act. The respondent on 28/2/2015 again filed a complaint invoking Sec. 200 of the Cr.P.C., before the learned Magistrate for offences punishable under Ss. 15(2) , 19 , 22 and 23 of the Act. The learned Magistrate takes cognizance of the offences and registers a case in C.C.No.4142 of 2016. It is the pendency of these proceedings that drives the petitioner to this Court in the subject petition.