INDU BATNI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed under Sec. 482 Crimial P.C. for quashing of proceeding pending before CJM Indore, in Criminal Case No. 15750/2013.

(2.) Brief facts of the case are that on 26.4.2013 respondent No. 2 factory Inspector inspected a factory named Best Uniforms Pvt. Ltd. Applicant No. 1 is the occupier of that factory and applicant No. 2 is the Manager of that factory in the inspection the inspector found that factory license was not exhibited in factory premises and it was being run without license and some fire extinguisher were not refilled in time. Besides goods lift was not being run by competent person so he prepared a report regarding certain violation of the provisions of Factory Act and filed a complaint against the applicants in the Court of CJM Indore, on which CJM Indore, have taken cognizance against the applicants and for the offences under Sec. 92 of the Factory Act and registered Criminal Case No. 15750/2013.

(3.) Learned Counsel for the applicant submitted that from the perusal of the inspection report it appears that respondent No. 2 Factory Inspector was not accompanied by any person as provided under Sec. 9 of the Factories Act. At the time of inspection, so no prosecution can be filed against the petitioner because the so called inspection does not fulfil the requirement of Sec. 9 of the Factory Act.