R K SAINI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have filed this Criminal Revision against the order of the Additional Sessions Judge, Ropar, dated December 22, 1994.

(2.) BRIEF facts of the case are that Deputy Director, Factories, Mohali Circle, filed a complaint against the petitioners for their prosecution under Section 92 of the Factories Act, 1948 (in short, the Act). It was alleged that petitioners R.K. Saini and V.K. Seth are the occupier and manager of the factory. On September 29, 1993, the complainant inspected the factory. It was discovered that a labourer Krishan Kumar Kamath, who was working on coal -handing unit in the plant of Guru Gobind Singh Thermal Plant, Ghanauli, fell down from a height of 100 feet i.e. third storey of the plant and succumbed to his injuries sustained therein. This accident occurred due to unsatisfactory railing of the stair -case on the third floor, which was in violation of section 32 -C of the Act.

(3.) THE Additional Chief Judicial Magistrate, Ropar vide his order dated January 14, 1994, took cognizance of the offence and summoned the accused person, as the complaint was filed by the complainant in his official capacity as a public servant. These accused -petitioners appeared before the Chief Judicial Magistrate in the aforesaid case. The complainant was absent on that date. His personal appearance was exempted. These accused -petitioners submitted that they have been wrongly summoned and they are other persons. They were discharged. It was further ordered that correct address and P.F. be filed and accused be summoned for April 16, 1994. On April 16, 1994, as the complainant was absent, the complaint was dismissed.