AIJAZ GAFFAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Applicant, Manager of a factory of M/s Calcom Vision Ltd, which is situated at Surajpur Industrial Area, Greater Noida has approached this Court by way of filing present application under Section 482 Cr.P.C. for quashing the proceedings of Complaint Case No.1942 of 2005 (State Vs. Aijaz Gaffar) filed under Section 92 of the Factories Act, 1948, Police Station Surajpur, District Gautam Budh Nagar, pending before learned Chief Judicial Magistrate, Gautam Budh Nagar, UP.

(2.) One Smt. Geeta Yadav, wife of Late Vijay Yadav lodged a FIR dated 11.03.2005 (Case Crime No.32/2005), under Section 304A IPC that her husband who was working as Engineer with M/s Calcom Vision Ltd. died on 09.03.2005 within the premises of the factory, due to negligence of factory management as roof of the factory which was made of cement fell down when deceased went to repair the roof.

(3.) On 09.03.2005, inspection of the factory was conducted under Rule 123 of the UP factories Rules 1950, wherein multiple defaults were noted under various provisions of Factories Act, 1948 (hereinafter referred as to 'the Act of 1948') and Uttar Pradesh Factories Rules, 1950 (hereinafter referred as to 'the Rules of 1950'). Accordingly, Inspection Report was prepared, shortcomings were noted under Rule 123, Section 31 Rule 56, Section 29 Rule 55A, Section 7A, Section 58 Rule 110, Rule 14-D, Rule 107 (2) Rule 303 (3), Rule 52-A etc. of the Act of 1948 and the Rules of 1950.