STATE OF MAHARASHTRA Vs. KESHAVLAL AMRUTLAL OZHA

JUDGEMENT

(1.) THIS case has been reported under Section 438 of the Criminal P. C. , by the Additional Sessions Judge, Chanda.

(2.) THE relevant facts are briefly these: On 18-10-1955, there was a fatal accident in the Mahakali Coal Mines at Chanda. The non-applicant No. 1 Keshaylal is the managing director of these mines while the non-applicant No. 2, Walker, is the manager thereof. Notices of the accident were given immediately by telegrams to the Chief Inspector of Mines, Dhanbad and the Regional Inspector of Mines, Chhindwara. Similarly, notices of the accident under Section 23 (1) of the Mines Act, 1952, were also given immediately.

(3.) EARLY In May 1956, the Regional Inspector of Mines directed Bhankaran (P. W. 1), an Inspector of Mines, to inquire into the accident. He accordingly inquired into the matter and during the course of the inquiry he learnt for the first time that the non-applicants had committed breaches of regulations 96 and 146 and had thereby committed an offence punishable under Section 74 of the Mines Act. A complaint was lodged by the Regional Inspector of Mines on 25-6-1956. Thereupon both the non-applicants were proceeded against for the alleged breaches. During the course of the trial an objection was raised on behalf of the non-applicants that the complaint was barred by time. Their objection was overruled by the trying Magistrate. Thereupon the non-applicants preferred an application for revision before the Additional Sessions Judge, Chanda. Being of opinion that the complaint was barred by time, he has reported the case to this Court.