H.M.P.SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application is for quashing the order dated 16.01.2003 passed by C.J.M., Bokaro in F.A. Case No. 1 of 2003 whereby and whereunder he took cognizance of the offence under the Factories Act, 1950 (hereinafter referred to as the ˜Act').

(2.) IT is alleged that on 15.10.2002 at 13.30 hours an accident took place in the Steel Melting Shop No. 2 of Bokaro Steel Plant, while a Crane was operating in the said plant. In that accident one worker, namely, Chandrika Prasad died. It is stated that notice of aforesaid accident was given to the Inspector of Factories on 16.10.2002. It is further stated that thereafter the Inspector of Factory, Bokaro inspected the Factory Premises on 19.10.2002, 22.10.2002, 24.10.2002 and 28.10.2002 and found that as per the provisions contained under section 29 of the aforesaid ˜Act' read with Rule 56A of the Bihar Factories Rules, the Crane had not been thoroughly examined by competent person and the examination report had also not been entered in the relevant registers. It is stated that the inspector further found that the workers were asked to work in dangerous and insecure condition which was violative of Rule 55A of Bihar Factory Rules, 1956. Accordingly, it is stated that the aforesaid acts and omission of accused persons is punishable under section 92 of the Factories Act. Accordingly a complaint was filed on 16.1.2003 in the Court of CJM, Bokaro. On the basis of materials available in the complaint petition, learned CJM vide his order dated 16.01.2003 took cognizance of the offence.

(3.) ON the other hand, learned Additional P.P. submits that the Inspector had received no knowledge of the offence from the notice served upon him on 16.10.2002. It is submitted that in the said notice it is not mentioned that concerned factory had contravened mandatory provisions contained under section 29 of the Factories Act read with Rule 56A of the Bihar Factories Rules. It is submitted that said facts came to the knowledge of the Inspector, when he inspected the factory after receiving notice of accident. It is submitted that the Inspector visited the factory on 19.10.2002, 22.10.2002, 24.10.2002 and 28.10.2002 and found contravention of section 29 of the Act read with Rule 56A of the Bihar Factories Rules. Accordingly, it is submitted that commission of offence came to the knowledge of Inspector on the date of inspection. It is submitted that if 90 days is counted from the first date of inspection/ enquiry, impugned order of cognizance is within time. It is further submitted that the accident took place in Steel Melting Shop No. 2 of Bokaro Steel Plant and petitioner no. 3 is General Manager of that plant. Thus, he is Manager within the meaning of section 92 of the Act. In that view of the matter, the court below had rightly taken cognizance against the petitioner no. 3.