HEMANT MOHAN Vs. STATE OF H.P.

JUDGEMENT

(1.) Present petition has been filed against cognizance of offence taken by learned Magistrate in a complaint filed by Inspector appointed under Section 8 of Factories Act, 1948, (hereinafter in short 'the Act') against the petitioner, being occupier of establishment, for alleged violation of various provisions of Factories Act and Rules framed thereunder.

(2.) Main ground for assailing the institution of complaint against the petitioner is that as per complaint Annexure P-3, the same has been filed for violation of provisions of Factories Act and Rules noticed during the course of inspection dated 23.5.2016, which is in violation of provision of Section 106 of Factories Act, wherein it is provided that no Court shall take cognizance of any offence punishable under the Act unless complaint thereof is made within three months of date on which the alleged commission of offence came to the knowledge of an Inspector.

(3.) Learned counsel for the petitioners has pointed out that as per complaint preferred by Inspector, the same has been filed on 21.9.2016, for violation of relevant provisions of law noticed during the course of inspection dated 23.5.2016, whereas three months after the inspection had expired on 23.8.2016 and therefore, in view of provisions of Section 106 of the Act, the impugned orders passed by learned Magistrate taking cognizance of complaint so preferred are liable to be quashed.