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2014 Supreme(SC) 577

SUDHANSU JYOTI MUKHOPADHAYA, S.A.BOBDE
J. J. IRANI – Appellant
Versus
STATE OF JHARKHAND – Respondent


JUDGMENT :

S. A. BOBDE, J.

1. Leave granted.

2. In this batch of appeals, the appellants have challenged the Judgment and Order of the High Court of Jharkhand at Ranchi dated 15th June, 2007 allowing the three Criminal Revision Nos. 212 – 214 of 1990 filed by the State, and reversing the Order dated 29.06.1990 of the Chief Judicial Magistrate, Jamshedpur and further directing the Chief Judicial Magistrate, Jamshedpur to proceed against the appellants in accordance with law. Since they arise out of the same incident they have been taken up together for disposal.

3. The only question that arises in these appeals is whether the complaint made by the Inspector of Factories that the appellants have allegedly committed offences was made within three months of the date on which the alleged commission of the offence came to the knowledge of the Inspector, as required by Section 106 of the Factories Act, 1948 (hereinafter referred to as ‘the Act’). At the relevant time the appellant No. 1 -Dr. J.J. Irani was “Occupier” and the appellant No. 2 -Mr. P.N. Roy was “Manager” of the factory within the meaning of the Act.

4. On 3rd March, 1989, the Tata Iron and Steel Company Limited (TISCO) celebr





























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