P N DUBEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THESE two applications under Section 482, Cr.P.C read with Section 307, Cr P.C. have: been filed against the order dated 20-8-77 passed by the Judicial Magistrate Lucknow, under the Factories Act and the Rules framed thereunder on similar grounds.

(2.) IN Criminal Miscellaneous Case No. 1543 of 1977 the applicant is occupier of M/s. Sundari Surti Stores, Tikait Rai Talab Road, Lucknow, while in Criminal Miscellaneous Case No. 1624 of 1977 the applicant is occupier of M/s. Anandi Udoyog, Aishbagh, Lucknow. IN the first case the inspection was made on 7th August, 1976 while in the second case the inspection was made on 9-6-76 by the INspector of Factories and on the basis of inspection reports in both these cases complaints under secs. 6 and 7 of the Factories Act, read with rules 3, 6, 13 and 14 of U. P. Factories Rules were sent by registered post to the court of the Judicial Magistrate, Lucknow. Before the said court objections were filed by the applicants challenging the jurisdiction of the court and maintainability of the complaint. The objection of the applicants in both the cases was that there was no complaint in the eyes of law and further that by virtue of section 105 of the Factories Act the complaint was not entertainable, the same not having been made by the INspector of the area. The Judicial Magistrate in both these cases by separate orders dated 20-8-1976 in Criminal Miscellaneous Case Nos. 1543 of 1977 and 1624 of 1977 overruled the said objection, hence these applications under Sec. 482 of the Code of Criminal Procedure on the ground that since the prosecution of the applicants is based on no complaint and the court was proceeding without jurisdiction the same amounts to abuse of process of law and violation of provisions of law and as such the ends of justice require that the proceedings pending in the court of the Judicial Magistrate be quashed.

(3.) SECTION 190 of the Code of Criminal Procedure reads as under :- S. 190 "(1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the Second class specifically empowered in this behalf under sub-section (2) may take cognizance of any offence-