STATE OF GUJARAT Vs. NAVINBHAI SHANTILAL PATEL

JUDGEMENT

(1.) BEING aggrieved and dissatisfied with the impugned judgment and order passed by the learned Judicial Magistrate First Class, Wagra [for short 'the learned Magistrate'] on 7/11/1998 in Criminal Case Nos. 486, 487 and 488 of 1997, the State of Gujarat preferred these appeals under section 378 of the Code of Criminal Procedure [for short 'the Code'].

(2.) THE original complainant Mr. K R Kantaria, a Factory Inspector [for short 'the complainant'], filed three different criminal complaints in the Court of the learned Magistrate for the offences punishable under section 14 of the Child Labour [Prohibition and Regulation] Act, 1986 read with section 67 of the Factories Act. In the private complaints instituted by the complainant against the respondent accused, it was alleged that on 2/5/1997 Talati -cum -Secretary Gandhar and Talati -cum -Secretary Paldi, Mr. Ramanbhai P. Vankar and Mr. Dhanjibhai N. Parmar respectively visited the factory premises called "Gandhar Salt Works, Gandhar, Taluka Wagra, District Bharuch, belonging to the respondent accused. That when M/s. Ramanbhai and Dhanjibhai visited the factory, in the factory labourers were working and upon inspection, 3 child labourers were found working, namely Smt. Sarojben Raisangbhai, aged 12 years, Bhanuben Nakabhai, aged about 12 years and Shantaben Naranbhai, aged about 12 years. The Inspectors Ramabhai and Dhanjibhai sent reports regarding their visit to the complainant. After receiving the reports, the complainant filed 3 different private criminal complaints pertaining to each of the 3 child labourers in the Court of the learned Magistrate. In the 3 complaints, as an accused the name of present respondent accused Mr. Navinbhai Shantilal Patel was mentioned as owner and occupier of the factory.

(3.) IN light of the above factual background, it becomes clear that the complainant filed 3 private complaints against present respondent accused Navin Shantilal alleging that when Ramanbhai and Dhanjibhai visited the factory premises, said Navinbhai Shantilal was the owner, occupier and in charge of the work of the factory. However, when the 3 criminal cases came up for trial from the stage of recording plea till the conclusion of trial, the trial proceeded against Maheshbhai Shantilal as observed by the learned Magistrate in para. 1 of the impugned judgment.