BALDEV DAS Vs. STATE

JUDGEMENT

(1.) This is a reference under Section 438, Criminal P. C., by the learned Sessions Judge of Banaras recommending that the convictions recorded against Baldeva Das and G.P. Manan under Section 92, Factories Act, by a learned Magistrate of Banaras be set aside.

(2.) Several points arise for decision. But it has been brought to my notice by Mr. Shanti Bhushan, who appears in support of the reference, that the convictions can be set aside on the question of limitation only. He points out that the offence was detected by the Inspector of Factories on 13-8-1949 but the Magistrate did not take cognizance of the case till as late as 3-12-1949.

(3.) It is provided by Section 106, Factories Act, that: