STATE OF GUJARAT Vs. MAGANLAL GORDHANDAS MER

JUDGEMENT

(1.) . This group of acquittal appeals arise from the orders stopping the proceedings of various criminal cases under Sec. 258 of the Code of Criminal Procedure, 1973 (II of 1974) and since some common questions of importance arise, they are dealt with in this common judgment.

(2.) . A preliminary objection has been raised by Mr. B. N. Keshwani, learned Advocate appearing on behalf of the respondents to the effect that all these acquittal appeals would not be maintainable as the impugned orders do not render acquittal of the accused persons. He in the alternative supported the impugned order by submitting that on account of a single visit on 18-5-1988, even if violations of more than one provisions of the Factories Act, 1948 (hereinafter referred to as 'the Act') and the Gujarat Factory Rules, 1963 (hereinafter referred to as 'the Rules') are committed, only one complaint could be filed and the accused persons could not be visited with double sentence. In reply, the learned A.P.Ps. who have appeared in various appeals submitted that violation of various provisions of the Act and the Rules would disclose distinct offences. It was further submitted by them that even offences would be distinct for violations of the relevant provisions of the Act and the Rules, per worker.

(3.) . At the outset it should be noted that for each distinct offence a separate complaint can be filed and filing of a complaint per visit by the complainant is not warranted by any of the provisions of the Act and the Rules.