STATE OF GUJARAT Vs. K S RAMNATH

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of the Criminal Procedure, 1973 is directed against the judgment and order of acquittal dated 12. 1. 1999 passed by the learned Metropolitan Magistrate, Court No. 4, Ahmedabad in Cri. Case No. 1593/1996 whereby the accused has been acquitted of the charges leveled against him. The brief facts of the prosecution case are as under: 2. 1 The complainant Shri. V. N. Patel is the Factory Inspector. On 14. 3. 1996 at about 17:35 hours, the complainant had gone to Sava Kashi Impex Plot No. 1504, Fase 1, G. I. D. C. , Naroda, Ahmedabad. One labour Mohanbhai Govindbhai was working there. He had started to produce chemical from 8:00 a. m. till approximately 8:00 p. m. In between there is recess time during 12:00 hours to 13:00 hours. The accused took work from the laborer without making his entry in the entry register. Thus the accused had committed breach of the Rule 43 of Factories Act. Therefore the complainant collected relevant papers and handed over the same to the concerned authority for necessary action. Therefore a complaint with respect to the aforesaid offence was filed against the respondents. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, chargesheet was filed against him. <FRM>JUDGEMENT_2221_TLGJ0_2009Html1.htm</FRM>

(2.) AT the end of trial, after recording the statement of the accused under section 313 of Cr. P. C. , and hearing arguments on behalf of prosecution and defence, the learned Chief Metropolitan Magistrate acquitted the respondent of all the charges leveled against him by judgment and order dated 12. 1. 1999.

(3.) BEING aggrieved by and dissatisfied with the aforesaid judgment and order passed by the Appellant Court the appellant State has preferred the present appeal.