SURJEET GUPTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition has been instituted under Section 482 of the Code of Criminal Procedure praying that Complaint No. 107/10 of 2009, titled: State of H.P. v. Qimat Rai Gupta and Others, instituted under Section 92 of the Factories Act, 1948 (Annexure P-1) pending in the Court of Judicial Magistrate Ist Class, Court No. II, Nalagarh, may be quashed and set aside. A number of grounds have been taken in the petition. The primary ground urged is that the respondents themselves accept the compliance with the provisions of the Act and in these circumstances, the question of prosecution does not arise. Learned Counsel appearing for the petitioners submits that on each occasion when notice has been issued by the authorities, compliance has been reported which compliance in fact has been accepted by the respondents. In this eventuality, continuation of the proceedings against the petitioners is nothing but an abuse of the process of Court.

(2.) Learned Counsel places reliance to the judgment of the Supreme Court in Suryalakshmi Cotton Mills Limited v. Rajvir Industries Limited and Others, 2008 13 SCC 678. In that case, the Supreme Court held:-

(3.) Learned Counsel also places reliance on the decision in K.L.E. Society and Others v. Siddalingesh, 2008 4 SCC 541reiterating the same principle.