THAKUR CHAND DWADESHRENI Vs. STATE

JUDGEMENT

(1.) This is an application Under Section 561A of the Code of Criminal Procedure. It raises a very short point. That point is whether a court can take cognizance of an offence punishable under the provisions of the Factories Act on a complaint filed by the Chief Inspector of Factories.

(2.) Against the applicant a complaint was filed by the Chief Inspector of Factories and when the case came up before the learned Magistrate a point was raised that the court had no power to take cognizance of the case because the complaint was incompetent, having been filed not by an Inspector but by a Chief Inspector. This contention was rejected by the learned Magistrate who in support of his view relied on a decision of a learned single Judge of this Court in Criminal Misc. No. 422 of 1955; Gopi Nath Bhargava v. State decided on 2nd February, 1956 (Lucknow Bench).

(3.) The contention which was overruled by the learned Magistrate has been repeated in this Court and it is urged on that basis that the proceedings before the learned Magistrate were without jurisdiction and should on that account he quashed.