R B HARLALKA Vs. U O I

JUDGEMENT

(1.) THIS revision petition is directed against the order dated April 15, 1985 of the learned Addl. Chief Judicial Magistrate, Rajsamand, who dismissed the various objections raised before him with regard to the maintainability of the complaint. It arises in the following circumstances.

(2.) SHRI O. N. Saxena, Dy. Inspector of Mines Safety, Udaipur region filed a complaint against the petitioner No. 1 R. B. Harlalka and B. N. Chouhan, petitioner No. 2, the agent Dhan Laxmi Soap Stone Mine, Khetan Business Corporation (P) Ltd. Nathdwara, Udaipur. It was stated in the complaint that during the inspection of the Dhan Laxmi Soap Stone Mines by the complainant on 6. 2. 1980 it was found that crache was not provided as required by letter No. UR/1141 dated 26. 2. 1979 and that inspite of being given sufficient time to provide the same, the accused thus contravened rule 2 (1) of the Mines Creche Rules. It was also stated in the complaint that the accused petitioners have contravened rule 62 read with rules 63, rule 33 & rule 43 of the Mines Rules. The various contraventions constituted the offence punishable under section 73 of the Act. The complaint was signed by O. N. Saxena, Dy. Director of the Mines Safety, Udaipur region but it was presented in the court of the learned Chief Judicial Magistrate, Udaipur through SHRI Javedi advocate whose power has also been filed.