STATE OF GUJARAT Vs. NAVINBHAI F. ZAVERI

JUDGEMENT

(1.) This group of 12 Criminal Revision Applications is directed against the impugned judgments and orders - all dated 20.5.1985, rendered in as many criminal cases, by the learned J.M.F.C., Surat, wherein the respondent Navin F. Zaveri, owner of "Mit & Mir Private Limited", Surat, who came to be prosecuted for the alleged contravention of certain provisions of the Factories Act, 1948 [for short "the Act"] and the Rules made thereunder, under the Gujarat Factories Rules, 1963, punishable under Sec. 92 of the said Act, [as alleged in detail in 12 complaints] was ordered to be discharged on the short ground that the Complaints were filed beyond the time limit of 3 months as prescribed under Sec. 106 of the said Act.

(2.) 1 In all these cases, since the facts situation and the law governing the same are by and large common, it is decided to hear and dispose of all of them together by this common judgment.

(3.) To state view relevant facts, as far as they are necessary to decide the question of law involved, it may be briefly stated that in response to the process issued on the basis of complaints Exh.1 dated dated 2.11.1984, filed by the Factory Inspector, the respondent appeared before the Court and submitted an Application Exh.4 dated 25.5.1985 taking up the preliminary contention that as all the complaints were filed beyond the period of limitation of 3 months, as prescribed under Sec. 106 of the Factories Act, the same deserves to be dismissed and he be discharged accordingly. Making good this contention, it was pleaded by the respondent that the Factory Inspector had earlier visited his factory on 21.7.1984 and it was only on that date that he had come to know bout the alleged contravention of certain provisions of the Factories Act and the rules made hereunder. Not only that but the Factory Inspector had also made some notes in the Visit look. In this view of the matter, the period of imitation began from 21.7.1984 and not from 7.8.1984 as asserted by the Factory Inspector.