MAHENDRA KARLE Vs. ASSISTANT DIRECTOR OF FACTORIES

JUDGEMENT

(1.) The petitioners have filed these petitions for a writ of certiorari seeking quashing of the proceedings in C.C.No.25204/2014 (in Writ Petition Nos.52870- 52871/2015) and C.C.No.25201/2014 (in Writ Petition Nos.52868-52869/2015), pending on the file of VII Addl.Chief Metropolitan Magistrate, Bengaluru, (henceforth for brevity referred to as 'Court below').

(2.) A perusal of the memorandum of writ petitions placed before this Court go to show that the respondent herein filed a complaint under Section 200 of Code of Criminal Procedure, before the Court below seeking prosecution of the present petitioners who were arrayed as accused in the said private complaint under the Factories Act, 1948, and Karnataka Factories Rules, 1969.

(3.) The summary of the said complaint is that when the complainant visited and inspected the factory i.e., M/s.Karle International Private Limited, Tumakuru Road, Bengaluru, of which the 1st petitioner is the occupier and the 2nd petitioner is said to be the Factory Manager, on 14.6.2014 he noticed certain discrepancies and the violation of provisions of the Factories Act. The complainant has alleged that it was noticed that the factory had not employed Safety Officer though it had engaged more than 1,000 workers in the factory. Thus, it had violated the provisions of Section 40(B)(1)(i) of the Factories Act, 1948.