M UTTAM REDDI Vs. INSPECTOR OF FACTORIES

JUDGEMENT

(1.) These revisions have been filed against the order passed by the learned Chief Judicial Magistrate, Chengalpattu made in Crl.M.P.No.376 of 2003 in C.C.No.85 of 2003 and Crl.M.P.No.377 of 2003 in C.C.No.86 of 2003 dated 6.11.2003.

(2.) The brief facts of the case are as follows: In C.C.No.85 of 2003, the complaint was filed on 11.11.1999 by the respondent herein viz., the Inspector of Factories, 5th Circle, Chennai against the petitioner herein the proprietor of M/S.Switching Technologies Gunther Ltd., alleging that in the main entrance gate, a tube light was erected in an iron pipe and tied up with the iron fencing, that there was heavy rain with thunder and lightening between 2 to 4.30 a.m. on 11.8.1999, that due to damaged wires in the iron pipe that has caused death of the security guard who was on duty and that the said defective wiring in the tube light fittings in the main gate is contravention to Section 41 of the Act and Rule 61-E of the Factories Act which is punishable under Section 92 of the Act. In C.C.No.86 of 2003 the complaint was filed on 11.11.1999 against one M.Sukumaran, manager of the same factory on the same occurrence. The complaints were filed on 11.11.1999 and they were returned on 12.11.1999 for rectification of the following defects:

(3.) A perusal of the materials available on recordes would show that for an occurrence that took place on 11.8.1999, a complaint under section 106 of Factories Act ought to have been filed within three months and in fact the complaint was filed on the last day 11.11.1999. But, the complaint was so defective in nature and hence the learned Chief Judicial Magistrate returned the same on 12.11.1999 to rectify the defects in the complaint. The complaint was re-presented only on 23.7.2002 without rectifying several defects noted earlier by the learned Chief Judicial Magistrate and therefore the same was returned once again on 30.7.2002. Thereafter, the complaint was re-presented only on 5.8.2003 and thus there is a overall delay of 1454 days and the learned Chief Judicial Magistrate took cognizance of the offence on 7.8.2003. The offence with which the accused are charged is punishable under Section-92 of the Factories Act and if proved, shall be punished with imprisonment for a term which may extend to two years or with fine upto Rs. One lakh or with both, and if the contravention is continued after conviction, with a further fine which may extend to one thousand rupees for each day on which the contravention is so continued .