P. BHATTACHARJEE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) The petitioner is aggrieved by the order dated 28.9.1999 passed by learned Additional Chief Judicial Magistrate, Seraikella, whereby cognizance has been taken for the offence under Sec. 92 of the Factories Act, in C/2 Case No. 239 of 1999 against the petitioner and other co-accused persons. In the said order of cognizance, the petitioner has been shown the Occupier of the Factory.

(3.) C/2 Case No. 239 of 1999 was lodged by the Inspector of Factories, Jamshedpur Circle No.2, Jamshedpur, on 24.9.1999 against the Occupier and Manager of M/s Usha Martin Industries Limited. From the complaint petition, it appears that one female labour was found dead in the godown of the factory with injuries, but the information about this accident was not given as required under Sec. 88 of the Factories Act, and Rule 96 of the Bihar Factories Rules, making out offence under Sec. 92 of the Factories Act. With the said allegation, the written complaint was filed by the Factory Inspector, on the basis of which, cognizance has been taken against the petitioner in the said case.