QIMAT RAI GUPTA Vs. STATE OF H P

JUDGEMENT

(1.) The Petitioner is aggrieved by the order passed by the learned Judicial Magistrate Ist Class, Court No. II, Nalagarh on 2.1.2010 summoning all the accused including the Petitioners as named in complaint Annexure P-12 for violation of various provisions of the Factories Act, 1948 (hereinafter referred to as 'the Act'). Section 92 of the Act provides:

(2.) The complaint Annexure P-12 was filed by Respondent No. 3 alleging various violations of the provisions of the Act by the Petitioners herein. Four persons were named as accused namely Qimat Rai Gupta, Surjeet Gupta, Rajesh Gulia and Surinder Thakur and their designations as Occupier, Factory Manager and Site Manager. The complaint has been instituted under Section 92 of the Act.

(3.) The grievance of the Petitioner is that despite a valid nomination having been filed in Form-I by M/s Havells (India) Limited nominating Shri Surjeet Gupta, Director as a Occupier and Shri Rajesh Gulia as the Manager in the factory, the learned Court below has proceeded to issue process against all persons named in the complaint.