MEHMOOD ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Y.V. Giri, senior advocate appearing for the petitioners and Mr. Parmeshwar Mehta, A.P.P. representing the State.The two petitioners seek quashing of the order dated April 26, 2003 passed by the Chief Judicial Magistrate, Gopalganj in Trial No. 394 of 2003 (G.C. 4 of 2003) by which on a complaint filed by the Factory Inspector, Chapra Circle, Chapra, he took cognizance of offences under Section 7-A(3) of the Factories Act and Rule 65(3) of the Bihar Factories Rules and summoned the two petitioners for facing trial.

(2.) The petitioner in Criminal Misc. No. 34827 of 2003 is the Deputy Managing Director of Sasa Musa Sugar Works Ltd. and the petitioner in Criminal Misc. No. 35971 of 2003 is the General Manager of the Company. The company has a sugar factory at Sasa Musa in the district of Gopalganj. The factory is engaged in the manufacture and production of sugar and it runs for 3-4 months (the sugarseason) in one calendar year.

(3.) The Factory was inspected by the Factory Inspector on November 22, 2002 . The Inspector apparently found certain irregularities and shortcomings in the running of the factory and enumerated them in the inspection note, dated November 22, 2002 . On the basis of the inspection, he filed a complaint before the Chief Judicial Magistrate, Gopalganj on February 11, 2003, incorporating the inspection note and a number of other documents. On the basis of the complaint, the learned Magistrate took cognizance of the offences and summoned the two petitioners for facing their trial as stated above