T.MUKHERJEE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) AS there does not seems to be any factual controversy and the case is based purely on the question of law, the matter is being disposed of at the admission stage itself.

(2.) THIS writ application has been filed under Article 227 of the Constitution of India for quashing the entire criminal proceeding including the order dated 16,6.2006, passed by Chief Judicial Magistrate, Jamshedpur in C -2 case No. 2345 of 2006 whereby and whereunder cognizance of the offence under Sec. 92 of theFactories Act, 1948 has been taken against the petitioners.

(3.) THUS , a complaint was filed on 16.6.2006 before the Chief Judicial Magistrate, Jamshedpur alleging therein that the petitioners have contravened the provisions of Sections 36(2)(b) and 32(c) of theFactories Act, 1948 and Rule 55 -A(1) and (2) of the Bihar/Jharkhand Factories Rules, 1950 punishable under Sec. 92 of the Factories Act and on the same day Chief Judicial Magistrate, Jamshedpur took cognizance of the offence under Sec. 92 of the Factories Act.