NTPC Vs. STATE OF M P

JUDGEMENT

(1.) SINCE a common yet mixed question of fact and law is involved, this order shall govern disposal of all the five petitions, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code'), moved for getting the corresponding criminal proceedings quashed as time-barred. In this regard, the petitioners are aggrieved by the orders passed by Chief Judicial Magistrate, Sidhi, treating the second complaints as well within the extended period of limitation as well as those passed by the Revisional Court, negativing the plea of limitation.

(2.) IN each one of these cases, cognizance of the offence punishable under Section 47 of the Building and Other Construction Workers (Regulation of Employment and Working Conditions) Act, 1996 (for short the 'Act') for contravention of provisions regarding safety measures in the form of rules made thereunder, was initially taken upon the first complaint filed by the respondent no.2 against the petitioners except petitioner no. 1 Company namely National Thermal Power Corporation Limited, and other persons arrayed as accused. However, the proceedings as against petitioner nos.2 to 4, were quashed by the Apex Court for the reason that the Company of which they were the officers-in-charge at the relevant point of time, was not arraigned as accused. Relevant extracts of the common order passed on 21 /9/2007 in Cri. Appeal Nos. 1285/07 & 1286/06 @ SLP (Cri.) No.1517 and 1560/2007 may be reproduced as under -

(3.) FOR the sake of convenience, details of complaints and the orders in question may be tabulated as under - <IMG>JUDGEMENT_2880_ILR(MP)_20121.jpg</IMG> <IMG>JUDGEMENT_2880_ILR(MP)_20122.jpg</IMG>