K.C.MAJUMDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the present application the petitioners have prayed for quashing of the order dated December 23, 1998 passed by the Chief Judicial Magistrate, Jamshedpur, in C/2 case No. 1078 of 1998 whereby the learned Chief Judicial Magistrate took cognizance of the offences punishable under Section 92 of the Factories Act (hereinafter referred to as the Act.)

(2.) THE facts in short of the case are that the opposite party No. 2, Sri Awadhcsh Kumar Singh, Factory Inspector, Anchal No. 1 (complainant) submitted a written report on December 21, 1998 before the learned Chief Judicial Magistrate, Jamshedpur, alleging therein that Wood Craft Training Centre, Jojobera is a factory within the meaning of Section 2(m) of the Act. It was stated that in the said factory, manufacturing of the packing boxes, furniture etc. were going on and 30 workers were engaged for the said purpose. It was further staled that during the enquiry, the complainant came to know that Sri. K.C. Majumdar, who was an officer of the TELCO Ltd., was the occupier of the said factory whereas Sri. S.N. Banerjce was the secretary of the said factory. It was alleged that the factory was being run since last 15 years without having any valid licence as envisaged under Section 6 of the Act. It was alleged that the petitioners did not get the map of the factory approved by the Chief Inspector of the Factories which was violation of Rule 3 of the Bihar Factories Rules, 1950. The complainant alleged that the accused parsons had committed offences punishable under Section 92 of the Act, for violation of the provisions of Act and Rules i. e. for violation of Section 6 of Factories Act, 1948, Rule 3 of Bihar Factories Rules, 1950, Section 61 of the Act read with Rule 79, Section 38 of the Act read with Rule 62, Section 45 read with Rules 64 and 80 of the Bihar Factories Rules.

(3.) BEING aggrieved by the said order of taking cognizance, the petitioners have filed the present application for quashing of the entire criminal proceedings as well as the order taking cognizance. 1998 (1) SCC 205.