STATE OF GUJARAT Vs. N S RAMI

JUDGEMENT

(1.) The present appeal, under sec.378 of Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 24.7.2002 passed by the learned JMFC, Pardi in Criminal Case No. 683/1997, whereby, the accused has been acquitted of the charges under sec. 61(7) of the Factories Act, 1963, levelled against him.

(2.) Heard Mr. HL Jani learned APP for the appellant-State.

(3.) Mr HL Jani learned APP has vehemently argued that the matter was disposed of by the learned Magistrate in view of the observations made by the Hon'ble Supreme Court in the case of "Common Cause", a registered Society, through its Director Vs. Union of India & Ors., reported in 1997(1) GLH 417 and Raj Deo Sharma vs. State of Bihar, reported in AIR 1999 SC 3524. Mr. HL Jani learned APP has further submitted that in the case of P. Ramchandra Rao vs. State of Karnataka, reported in AIR 2002 SC 1856, the Hon'ble Supreme Court has observed in para-37 as under: