B KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONERS have invoked the inherent jurisdiction of this Court under Section 482 of the Cr. P. C, praying for quashing the order dated May 7,2005 passed by the Chief Judicial magistrate, Jamshedpur in C/2 Case No. 1621/2005, whereby cognizance of the offences under Section 92 of the Factories Act was taken and summons were ordered to be issued against the petitioners directing them to appear and face trial for the said offence.

(2.) THE case was registered before the Court below on the basis of a petition of complaint dated May 6, 2005 filed by the Inspector of factories on May 7,2005. The complainant has sought to prosecute the petitioners for the offence under Section 92 of the Factories Act, 1948 on the accusation that the petitioner Nos. 1 and 2 being the occupier and manager respectively of the factory namely, S. T. P. Limited, carrying out the work of Tar distillation, and the contractor namely petitioner No. 3 had violated Rule 95 (xii) and rule 55a (2) of the Jharkhand Factories Rules, 1950 by failing to provide for safety measures to the labourers of the works site. It is alleged that two workers employed in the establishment had-suffered death on account of failure of the occupier/manager and the contractor, to provide safety measures for the workmen while engaging them in hazardous works. On receipt of information about the accident, the complainant/inspector of Factories conducted an inquiry and had found that the accidental death of the workers had occurred on account of the lapses on the part of the present petitioners to provide safety measures as required under rule 95 (xii) and Rule 55a (2) of the Jharkhand factories Rules, 1950.

(3.) ON receipt of the complaint on May 7, 2005, learned Chief Judicial Magistrate took cognizance of the offence under Section 92 of the Factories Act against the petitioners and transferred the case to the I Court of Kusum kumari, Judicial Magistrate, Jamshedpur for trial and disposal.