LAWS(ORI)-2024-4-124

NIRAJ AGARWAL Vs. STATE OF ORISSA

Decided On April 16, 2024
Niraj Agarwal Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) The present Criminal Revision filed under Ss. 401 and 397 of Cr.P.C. is directed against the judgment and order dtd. 17/3/2011 passed by the learned Additional Sessions Judge, Rourkela in Criminal Appeal No.18 of 2009, whereby upholding the conviction and sentence order passed by the learned J.M.F.C., Panposh, reduced the sentence to one month simple imprisonment and to pay fine of Rs.10,000.00, in default, to further undergo simple imprisonment for 10 days.

(2.) The petitioner was subjected to prosecution in 2(C).C.C. No.211 of 2007 under Sec. 92 of the Factories Act, 1948 (hereinafter, 'the Act') for violation of Rule 62B of the Factories Rule, 1997 (hereinafter, 'the Rule) made under Sec. 41 of the Act and Rule 97(1) made under Sec. 88 of the Act for not providing safe working place to the workers and not informing the Inspector of Factories about the incident within the stipulated period.

(3.) The petitioner was subjected to the trial on the allegation that the petitioner is the occupier and running business in the name and style of M/s. Rajashreee Alloys Steels at Beldihi. The factory run by the occupier procures mild steel ingots from outside and uses the same as raw materials for manufacturing mild steels angles, channel rods, etc. The petitioner/occupier had hired a dumper for transportation of raw materials.