ABDULLABHAI KASAMALI BOHARA Vs. STATE

JUDGEMENT

(1.) THE order in this criminal revision shall also govern the disposal of Criminal Revisions Nos. 55, 56 and 57, all of 1957. These revisions are at the instance of one and the same person, one Abdulla Bhai, who was charged for various offences under Sections 73, 74(i)(c), 69 and 62 of the Indian Mines Act, (No. XXXV of 1952), and convicted in four separate cases summarily tried by the Magistrate, First Class, Bhandara.

(2.) IN each of these cases, the complaint, as it was originally filed, was against Abdul Hussain M. Allabaxji of Nagpur along with two other persons named as accused in the case One of them was a contractor who has been acquitted on the ground that he had nothing to do with the management of the mine. The other, n servant of the applicant Abdulla Bhai, was convicted but has not moved this Court in revision.

(3.) I am not here concerned with the merits of the convictions which have not -been challenged. But an objection has been taken that the trying Magistrate was incompetent to take cognizance of the complaint under Section 79 of the Indian Mines Act for the reason that it was filed beyond six months of the date on which the offence was alleged to have been committed or beyond six months from the date on which the alleged commission of the offence came to the knowledge of the Inspector under Sub -clausess (i) and (ii) of that section.