STATE OF MADHYA PRADESH Vs. HARNAM SINGH

JUDGEMENT

(1.) This petition under section 482 of the Criminal Procedure Code, 1973 (in short 'the Code') has been filed against the order dated 31/07/2007 passed by Sessions Judge, Jabalpur in Cr.R. No. 224/07, whereby learned Sessions Judge allowed the non-applicant's application filed under Section 197 of the Code and set aside the order dated 31/05/2007 passed by Chief Judicial Magistrate, Jabalpur in Complaint Case No. 3096/06, whereby learned CJM rejected the non-applicant's application that prior sanction under Section 197 of the Code is required to prosecute the non-applicant and held that it was necessary for the Factory Inspector to get sanction under section 197 of the Cr.P.C., 1973 from the Central Government before launching prosecution against the applicant.

(2.) Brief facts of the case which are relevant for the disposal of this petition are that the applicant/complainant (Factory Inspector) filed a complaint before Chief Judicial Magistrate, Jabalpur against the non-applicant under Section 105 of the Factory Act, 1948 (in short 'The Act') averring that the non-applicant is General Manager, Vehicle Factory, Jabalpur. On 23/11/05 complainant inspected the factory and during inspection it was found that the Vehicle No. 31970, which was being driven by one Naseer Ahmed, driver employed in the factory caused an accident resulting into death of one labour Smt. Halki Bai. It is further alleged that as an occupier of Factory it was the duty of the non-applicant to ensure the required arrangements for safety of the labourers working in the Factory. But the non-applicant failed to take safety measures and there by failed to comply with the provisions of the Act. Thus, the act of the non-applicant is in contravention of Section 7(A) of the Act. So cognizance be taken against the non-applicant for the offence punishable under Section 92 of the Act.

(3.) On that complaint learned Chief Judicial Magistrate, Jabalpur took the cognizance against the applicant under Section 92 of the Act and directed to register that complaint as Criminal case. On that Criminal Case No. 3096/06 was registered. Learned CJM also issued notice to secure the presence of non-applicant. On that non-applicant filed an application before CJM under Section 197 of the Code averring that the non-applicant is a senior level Officer in Indian Ordnance Factory Services under Government of India, Ministry of Defence and presently posted as Senior General Manager, Vehicle Factory, Jabalpur a Defence Production Factory under Ministry of Defence. The complainant lodged the complaint alleging that one of the lady employee of the Vehicle Factory died on 22/11/05 in an accident of motor vehicle within the factory premises and the death of the lady worker was allegedly due to the negligence of the non-applicant. On the date of alleged accident the non-applicant was the Senior General Manager of the Factory and he was discharging his official duty on behalf of the Union Government. According to Section 197 of the Code when any person, who is a public servant is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction of Central Government in the case of the person who is employed in connection with the affairs of Union. While, the complainant filed the complaint against him without taking previous sanction of the Central Government to prosecute him for the alleged offence, so the complaint is not maintainable.