LAXMAN JHA Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Heard Mr. Anoop Kumar Mehta, learned Counsel for the petitioner and Mr. Shekhar Sinha, learned Counsel for the State.

(2.) Subsequent to the filing of the complaint by the opposite party No. 2, vide order dated 5.2.2005, the learned Chief Judicial Magistrate, Dhanbad was pleased to take cognizance for the offence punishable under section 92 of the Factories Act, 1948.

(3.) It has been submitted by the learned Counsel for the petitioner that admittedly the accident took place on 3.11.2004 and the petitioner took charge as Director (Technical) Operations with effect from 5.11.2004. He thus, submits that although the petitioner has been shown as occupier in the complaint petition, but admittedly on the date of the accident, the petitioner was not an occupier. In this context, he has referred to section 2(n)(iii) of the Factories Act which reads thus: