KUMAR SATYA PRAKASH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition under section 482 of the Cr. P.C. has been filed on behalf the petitioner for quashing order dated 3.1.2009 passed by the learned Sessions Judge, Saran at Chapra in Cr. Revision no. 107/2008 and order dated 5.2.2008 passed by Judicial Magistrate, Ist Class, Saran at Chapra in Trial no.2599/2008.

(2.) The brief fact of the case, is that Factory Inspector, Chapra filed a written complaint petition on 29.9.2005 before the learned Chief Judicial Magistrate Saran at Chapra under the provision of Factories Act, 1948 against the petitioner mentioning therein that the petitioner has violated provision of section 6 of the Factories Act, 1948 read with rule 7 of the Bihar Factory Rule, 1950 which is punishable under section 92 of the Factories Act, 1948. The above stated Factory Inspector mentioned in his written complaint that on 5.7.2005, he inspected premises of M/s Pankaj Industry situated at Digwara District Saran and at the time of inspection, he found 3 to 4 labourers working in the said factory. In course of his inspection, he found that licence fee and renewal of the licence for the years 1992, 1994 to 2005 had not been deposited and the aforesaid factory was being run without renewal of the licence and without having valid licence. The petitioner was proprietor of the aforesaid factory. After inspection, the Factory Inspector issued notice to the petitioner but the petitioner did not respond to the aforesaid notice and subsequently, the above stated Factory Inspector filed written complaint in the court of Chief Judicial Magistrate Saran at Chapra as stated above.

(3.) The petitioner filed a petition in the court of Sri D.L. Prasad, Judicial Magistrate, lst Class, Saran in Trial no. 2599/2008 praying therein to drop the proceeding and discharge him from aforesaid Trial no. 2599/2008. The aforesaid petition was rejected by Sri D.L. Prasad, Judicial Magistrate, lst Class, Saran vide order dated 5.2.2008 which is in challenge in this petition. After rejection of the above stated petition, the petitioner preferred Cr. Revision no. 107/2008 in the court of learned Sessions Judge, Saran against the order dated 5.2.2008 passed by Sri D.L. Prasad, Judicial Magistrate, lst Class, Saran in Trial no. 2599/2008 but the learned Sessions Judge, too, dismissed the aforesaid revision passing the impugned order dated 3.1.2009 which is also in challenge before this court.