JAMSHED J IRANI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this application, the petitioners have prayed for quashing the entire criminal proceedings, initiated as against the petitioners in connection with C/2 Case No.2903 of 2001, including the order dated 15.05.2001, passed by learned Chief Judicial Magistrate, Jamshedpur whereby cognizance was taken for an offence under Section 92 of the Factories Act and summons were directed to be issued against the petitioners.

(2.) The case arises out of Factories Act. An accident had taken place in the factory of M/s. Tata Iron and Steel Company Ltd. (now M/s. Tata Steel Ltd.) for which the instant prosecution has been lodged citing the petitioner No.1 as the occupier.

(3.) The main ground of challenge in this quashing application is that petitioner, Dr. Jamshed J. Irani, ceased to be the 'Occupier' of the factory on the date of the accident, as such cognizance could not have been taken and this petitioner should not have been directed to face trial.