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1994 Supreme(Kar) 191

S.VENKATARAMAN
RAMCHANDRA – Appellant
Versus
A. R. VIJENDRA – Respondent


Advocates:
A.B.PATIL, Y.R.JAGADISH

S. VENKATARAMAN, J.

( 1 ) THE petitioner against whom the respondent has filed a complaint before JMFC. II Court, Hubli has filed this petition under Section 482 Cr. PC for quashing the proceedings in C. C. No. 1285/90 after setting aside the order of the Magistrate dated 21-8-1990 issuing process to him.

( 2 ) RESPONDENT has filed the complaint before the Magistrate against the petitioner for contravention of Rules 84 and 88 of the Karnataka Factories Rules, 1969 (hereinafter referred to as 'the Rules') punishable under Section 92 of the Factories Act (hereinafter referred to as 'the Act' ).

( 3 ) THE gist of the allegations in the complaint is as follows : Accused-petitioner is designated as the 'occupier' in respect of M/s. South Central Railway Mechanical Workshop including Electrical Maintenance Department, Gadag Road, Hubli. The said factory comes within the purview of the Act. The repair of railway wagons and engines is carried on in that factory with the help of electricity. This factory is registered under the provisions of the Act.

( 4 ) THE accused-petitioner sent a report to the effect that on 18-5-1990, at about 1. 15 p. m. one helper by name Shri Rosaiah met with a fat









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