LAWS(MAD)-2023-6-134

SATHISH HEBBER Vs. STATE

Decided On June 23, 2023
Sathish Hebber Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Criminal Original Petition has been filed for quashing the impugned Complaint in S.T.C. No.120 of 2021, filed for the alleged contravention of the Provisions of the Factories Act, 1948, (hereafter referred to as "Factories Act" for the sake of convenience) and the Tamil Nadu Factories Rules, 1950, (hereafter referred to as "Factories Rules" for the sake of convenience) punishable under Ss. 92 read with 96 of the Factories Act, pending on the file of the learned Chief Judicial Magistrate, Krishnagiri.

(2.) It is alleged in the Complaint that an inspection was made on 7/9/2020 in the Factory premises of the Petitioners; that the reason for the inspection was that on 5/9/2020 at about 10.30 a.m., an Employee died due to a burning sensation in the skin caused by a chemical spillage; that when the Factory premises was inspected, the Respondent found seven violations under the Factories Rules; that a Show Cause Notice was issued to the Petitioners; and that the violations are punishable under the Factories Act. Hence, the Complaint.

(3.) (a) Mr. Ravi, the learned Senior Counsel for the Petitioners, submitted that in respect of the death of an Employee, a First Information Report was registered against the Petitioners and others, and the same is pending investigation; that the allegations in the impugned Complaint are with regard to the violations under the Factories Act, found during the inspection on 7/9/2020.