SINHA K C Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri P.N. Pandey learned counsel for the petitioner and Sri S.Y. Hussain, learned counsel appearing for the State.

(2.) The petitioner is the Manager of M/s. Tata Engineering and Locomotive Company Limited Jamshedpur (hereinafter the 'Company'). He has filed this application under Section 482 of the Code of Criminal Procedure (hereinafter the 'Code') for quashing of the order dated, June 25, 1997, passed by the learned Judicial Magistrate. 1st Class, Jamshedpur, taking cognizance against him under Section 92 of the Factories Act, 1948 in a complaint case C/2 and No. 14/97.

(3.) Only such of the facts as are necessary for disposal of the application need be stated. A prosecution report was filed by the Factory Inspector O.P. No. 2 before the Chief Judicial Magistrate alleging that the petitioner the Manager of the Company as also Saroj J. Gandhi occupier had committed an offence under Section 92 of the Factories Act for violation of the provisions of Section 88 of the said Act read with Rule 36 of the Factories Rules, 1950 inasmuch as one Sri Mithilesh Prasad Kumar had complained of headache while he was on duty inside the company on January 27, 1997 and instead of immediately rushing Sri Kumar to hospital for treatment he was allowed to be taken to his home where he died. Learned counsel for the petitioner argued that even if the prosecution report together with the statements of two witnesses namely Sri S.K. Haldhar, Senior Engineer and Sri A. Islam, a worker of the Crane Maintenance Forge Section are taken into consideration they do not disclose any material on the basis of which any case for violation of the provisions of the Factories Act and the Factories Rules is made out so as to justify taking cognizance for an offence against the petitioner under Section 92 of the Factories Act.