STATE GOVERNMENT Vs. RUKHABSA JINWARSA

JUDGEMENT

(1.) THIS is an appeal by the State Government, Madhya Pradesh, against the order of acquittal, dated 8. 2. 1951, of the Court of Shri W. S. Deshmukh, Magistrate First Class, Akola.

(2.) THE respects. Rukhabdas Jinwarsa and Dharamchand Hirasa Ruiwala, owner and manager respectively of the Narandra Gin and Press Factories, Karanja, were prosecuted for bleaches of Sections 52 and 63, Factories Act, 1948, punishable under Section 92 of the Act. The breaches according to the prosecution, were detected by Shri A. P. Verkhedekar, Inspector of Factories on Sunday, 26. 2. 1950 when he inspected the factory. He drew up a complaint on 15. 4. 1950 and forwarded a copy to the respondents with the following endorsement: They may make their representation, if any, to the District Magistrate, Akola, direct within 10 days from the date of the issue of this endorsement before the prosecution is finally sanctioned by the District Magistrate Akola. The District Magistrate, Akola, sanctioned the prosecution of the respondents o (n 20-5-1950 and forwarded the relevant papers including. the complaint of the Inspector of Factories on the same date to Shri T. B. Wankhede, Sub-Divisional Magistrate, Murtajapur. The complaint was registered on 26. 6. 1950 and summonses were ordered to be issued.

(3.) THE respondents raised an objection that the Court had no jurisdiction to take cognizance as the complaint had been filed more than 3 months after the detection of the offence. The Court upheld the objection.