FIROZALAM Vs. STATE OF C.G

JUDGEMENT

(1.) THIS petition is for quashment of criminal proceeding pending before the Judicial Magistrate First Class, Tilda, in Criminal Case No. 60/2008.

(2.) I have heard learned Counsel for the parties and perused copy of charge sheet, copy of order dated 31-7-2008 passed by the Judicial Magistrate First Class, Tilda relating to dismissal of application for discharge of the accused, copy of order dated 22-11-2008 passed by the Special Judge and 1st Additional Sessions Judge, Raipur in Criminal Revision No. 193/2008 and copies of other documents.

(3.) ON the other hand, learned Counsel appearing on behalf of the State supported the order impugned and submitted that under the provisions of the Factories Act, 1948 the applicant was required to take necessary precautions in order to secure the life of the persons employed in his factory and breach or violation of such provisions of the Factories Act, 1948 or the Rules made thereunder is punishable under Section 92 of the Factories Act, 1948, but offence punishable under Section 304A of the I.P.C. is a separate and distinct offence causing death by negligent act, both are not based on one and the same facts, therefore, separate prosecution of the applicant for offence punishable under Section 304A of the I.P.C. is permissible under the law and it is not bar under Section 300 of the Code and Article 20(2) of the Constitution of India.