MUKHARJEE T Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since the parties have already completed pleadings and as such, this application is being disposed of at the stage of 'Admission' itself. In this application, the petitioners have prayed for quashing of the order taking cognizance dated March 19, 2004 as well as the entire criminal proceedings against them in C-2 Case No. 1187 of 2004 whereby, the cognizance for an offence under Section 92 of the Factories Act, 1948 has been taken against the petitioners.

(2.) The short point which has been urged by Mr. Mazumdar is that Section 106 of the Factories Act prescribes a period of limitation of three months only for filing a complaint for commission of the offence under Section 92 of the Factories Act and the period of three months has to be counted from the f alleged date of occurrence.

(3.) In the present case, though the date of occurrence is September 3, 2003 but the complaint, was filed on March 19, 2004 i.e. much after the period of limitation of 90 days as prescribed under Section 106 of the Factories Act. Therefore, Mr. Mazumdar submits that the order taking cognizance dated March 19, 2004 is without jurisdiction as also barred by limitation. For ready reference, Section 106 of the Factories Act is quoted hereinbelow: