SURESH KUMAR JALAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the above stated petitions are clubbed together and common order is being passed in both the above stated petitions because the parties are same and the common question of law is involved in both the above stated petitions.

(2.) CR . Misc. No. 27850 of 2009 has been filed under Section 482 of the Criminal Procedure Code for quashing the order dated 7.9.2007 passed by Chief Judicial Magistrate, Begusarai in Case No. 69(C2) of 2007 and also for quashing the entire proceeding of above stated case which is pending in the Court of Judicial Magistrate, 1st Class, Begusarai whereas Cr. Misc. No. 27851 of 2009 has been filed under Section 482 of the Criminal Procedure Code for quashing the order dated 7.9.2007 passed by Chief Judicial Magistrate, Begusarai in Case No. 70(C2) of 2007 and also for quashing the entire proceeding of above stated case which is pending in the Court of Judicial Magistrate, 1st Class, Begusarai.

(3.) THE contention of learned counsel for the petitioners is that according to prosecution report itself, petitioners are directors of the factory in question and as per Section 92 of the Factories Act, only occupier and manager of the factory can be prosecuted under the above stated Section and, therefore, the prosecution against the petitioners is abuse of process of the law and the same must be quashed.