LAWS(KAR)-2018-10-13

P PANDURANGA RAO S/O PEMMASANI PATTABHI RAMAIAH Vs. STATE OF KARNATAKA SENIOR ASSISTANT DIRECTOR OF FACTORIES

Decided On October 01, 2018
P Panduranga Rao S/O Pemmasani Pattabhi Ramaiah Appellant
V/S
State Of Karnataka Senior Assistant Director Of Factories Respondents

JUDGEMENT

(1.) The petitioners have sought to quash the complaint filed by the respondent in C.C.No.1712/2011 under section 200 Cr.P.C. By the said complaint, the respondent herein has sought prosecution of the petitioners for the alleged contravention of the provisions of the Factories Act, 1948 and the Rules made thereunder ("Act" for short).

(2.) The complainant was the Senior Assistant Director of Factories, Division No.2, Mangalore. In the complaint it is alleged that M/s.Udupi Power Corporation Limited, Kolachur, Yellur village, Pilar Post, Padubidri, Udupi, was a "factory" as defined under section 2(m)(i) of the Act. The manufacturing process of thermal power generation was being carried on in the said factory with the aid of electrical power by employing ordinarily around 825 workers.

(3.) On 18.01.2011, at about 00 p.m., Sri.B.Thejeswar, Manager Safety, informed the complainant over telephone that there was a fatal accident to Sri.Mahantesh, a contract worker in the above said factory.