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2025 Supreme(SC) 437

B. R. GAVAI, K. V. VISWANATHAN
State Of Goa – Appellant
Versus
Namita Tripathi – Respondent


Advocates appeared:
For the Petitioner(s): Ms. Ruchira Gupta, Adv. Mr. Shishir Deshpande, AOR Ms. Pooja Tripathi, Adv. Mr. Amit Kumar, Adv. Mr. Abhishek Verma, Adv.
For the Respondent(s): Mr. Shivan Desai, Adv. Mr. Vibhuti Sushant Gupta, Adv. Mr. Jatin Ramaiya, Adv. Mr. Anirudh Sardesai, Adv. Mr. Narender Kumar Verma, AOR

JUDGMENT :

K.V. Viswanathan, J.

1. Leave granted.

2. The present Appeal calls in question the correctness of the judgment dated 06.09.2021 passed by the High Court of Bombay at Goa in Stamp Number Main No. 944 of 2020 (F). By the said judgment, the High Court allowed the prayer of the respondent herein and quashed the order dated 04.12.2019 passed by the learned Judicial Magistrate First Class (JMFC) at Panaji in Criminal Case No. LC/19/2019/C. By the said order, the Ld. JMFC had issued process to the respondent pursuant to the complaint filed by the appellants alleging violation by the respondent of the provisions of the Factories Act, 1948 (hereinafter referred to as the ‘Act of 1948’) and thereby committing offences punishable under Section 92 thereof.

FACTS:-

3. The facts lie in a narrow compass. Pursuant to the inspection conducted on 20.05.2019 in the premises of the respondent wherein the business of Professional Laundry Service was carried on, it was found that the respondent did not possess factory approved plans as required under Rule 3 of the Goa Factories Rules, 1985 (hereinafter referred to as the ‘Rules’) read with Section 6 of the Act of 1948; that the premises were bein

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