KRISHNA KUMAR MODI Vs. STATE OF MAHARAHSTRA

JUDGEMENT

(1.) THIS application under section 482 of the Criminal Procedure Code is filed by the petitioner - accused, challenging the process issued against the petitioner in Criminal Case No.3410 of 1989 by the learned Judicial Magistrate, First Class, Court No. II, Thane for an offence punishable under the Factories Act.

(2.) THE petitioner is the Managing Director of M/s. Modipon Ltd. , a public limited company, registered under the Companies Act. THE registered office of the company is at Modinagar, Gaziabad in U. P. It is submitted that the petitioner ordinarily residing in Delhi and in U. P. It is submitted that the petitioner ordinarily residing in Delhi and in U. P. It is further submitted that by resolution dated 22nd September, 1987. THE company had nominated one Shri R. Swaroop, Works Manager of Indofil Chemicals Company, as an "occupier" within the meaning of Factories Act and accordingly, he was acting as "occupier" of the Factory. This fact was informed to the Inspector of Factories also and filed in Form No.3 by letter dated 5/6th October, 1987. It is submitted that by letter dated 20.9 . 89 being the return in Form No.27, the company has confirmed that Shri R. Swaroop was the "occupier" (Exhibit 'a' ).

(3.) MR. Vashi, learned counsel for the petitioner submitted that this court has in clear terms held in the case of Kirloskar Pneumatiic Co. Ltd. v/s. V. A. More & Ors. reported in 1992 Mh. L. J. 1279 as follows:- " In our judgment, the amended provisions of the Factories Act do not make any departure from the settled position prior to the amendment that the occupier need not necessarily be a Director of the Company".