HEMANT GOYAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this petition the prayer has been made for quashing of the entire criminal proceeding including the order taking cognizance dtd. 3/12/2008 in connection with Case No.C 2-156 of 2008 instituted under Sec. 95 of the Factories Act, pending in the court of learned Chief Judicial Magistrate, Seraikella.

(2.) Mr. Pasari, the learned counsel for the petitioners submits that occurrence took place in the premises of company and pursuant to that complaint case has been instituted under Sec. 95 of the Factories Act. He submits that for the same occurrence the FIR was also instituted which case has been decided by this Court today itself and the same has been quashed. He further submits that order taking cognizance is not in accordance with law.

(3.) Mr. Sahay, the learned counsel for the respondent State submits that there is no illegality in the order. He further submits that certain documents were asked for investigation which was not provided and there is violation of Rule 102 of the Jharkhand Factories Rules, 1950 and that is why the learned court has taken cognizance.