STATE OF GUJARAT Vs. GAUTAM B TELI

JUDGEMENT

(1.) By way of this Appeal, the State has challenged the judgment and order passed by the learned Metropolitan Magistrate, Court No.4, Ahmedabad in Criminal Case No.3040 of 1992 dated 30th September, 1993 acquitting the present respondent-accused for the offence punishable under Section 33(1) read with Section 92 of the Factories Act, 1943.

(2.) The case of prosecution is that on 11th May, 1992 at about 12 noon one workman fell in Ravda which was meant for preparing soap and he was died. Offence was registered, Investigation was conducted and accused person was charge-sheeted for the aforesaid offence.

(3.) The trial Court has dismissed the complaint on the ground that the alleged offence was committed on 13-14th May, 1992 and in view of the provisions of Section 106 of the Factories Act, the complaint is required to be lodged within three months, i.e. on or before 14th August, 1992. Whereas, the present complaint was lodged on 7th October, 1992. The Counsel appearing for the appellant-State is not in a position to give any satisfactory reply considering the merits of the matter. The discussion made by the lower Court, more particularly, paragraph 3 where the lower Court has held that even assuming for the sake of convenience that complaint was lodged within the period of limitation even then the precautions which are not required to be taken care, was taken by the owner and therefore no offence is made out.