SAUGATA GUPTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present petition has been filed against taking cognizance of the offence by learned Additional Chief Judicial Magistrate, Nalagarh, District Solan, H.P., in complaint bearing registration No.22 of 2019/101/3 of 2019, titled as State of H.P. vs. Saugata Gupta & another, filed by Inspector, appointed under Section 8 of the Factories Act, 1948 (hereinafter referred to as the 'Act'), against petitioners being Occupier and Factory Manager of the establishment, for alleged violation of various provisions of the Act and the Rules framed thereunder, punishable under Section 92 of the Act.

(2.) Main ground for assailing the institution of complaint dated 11.02.2019against the petitioners is that as per complaint (Annexure P-3), same has been filed for alleged violation of the provisions of the Act and Rules made thereunder, noticed during course of inspection dated 17.10.2018, and as such, cognizance of the said complaint, by learned Magistrate on 11.02.2019, is in violation of provisions of Section 106 of the 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 the date on which alleged commission of the offence came to the knowledge of an Inspector.

(3.) Referring judgment dated 10.07.2019, passed by this Court in Cr.MMO No. 183 of 2018, titled as Hemant Mohan and another vs. State of H.P., learned arguing counsel for the petitioners, has submitted that present case is squarely covered by the said judgment as, according to him, in present case, complaint (Annexure P-3) has been filed by the Inspector on 11.02.2019 for violation of relevant provisions of law noticed by him during course of inspection conducted on 17.10.2018, whereas, limitation provided under Section 106 of the Act of three months, for taking cognizance of the complaint so preferred, had expired on 17.01.2019.