The main legal point established is that complaints for offences under the Factories Act, 1948 must be made within the specified period of limitation as per Sec. 106 of the Act.

JUDGMENT

1. Aggrieved by the registration of the complaint by the State in PCR No.418/2021, pending on the file of the learned Additional Civil Judge and JMFC Court, Koppal for an offence punishable under Sec. 92 of the Factories Act, 1948 (for short "the Act, 1948"), the instant criminal petition is filed.

2. As per the complaint filed by the respondent - State, a complaint was received by the Assistant Director of Factories, Koppal Division, Koppal on 21/4/2021 about an incident that had taken place in the factory premises of M/s. Kalyani Steels ltd., situated at Hospete Road, Ginigera, Koppal at about 1:40 a.m. on 24/9/2020, which resulted in injury to one of its employees.

3. Upon investigation, it was found that the incident constitute an offence punishable under Sec. 92 of the Act, 1948 and accordingly PCR No.418/2021 has been lodged before the learned Additional Civil Judge and JMFC Court, Koppal on 25/9/2021. The trial Court has ordered for issuance of steps to the accused therein, who are the petitioners herein. On the ground that lodging of a complaint is barred by limitation as per the provisions of Sec. 106 of the Act, 1948, the instant criminal petition has been filed.

4. Learned HCGP upon instructions submits that necessary complaint has been filed because a crime as contemplated under Sec. 92 of the Act, 1948 has been constituted and justifies the filing of the said complaint.

5. Admittedly, the incident has taken place on 24/9/2020 and the complaint has been received in the Office of the Assistant Director of Factories, Koppal Division, Koppal on 21/4/2021 and the complaint has been filed on 25/9/2021. Sec. 106 of the Act, 1948 reads as under:

"106. Limitation of prosecutions.- No Court shall take cognizacnce of any offence punishable under this Act unless complaint thereof is made within three months of the date on which the alleged commission of the offence came to the knowledge of an Inspector: Provided that where the offence consists of disobeying a written order made by an Inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed. Explanation.- For the purposes of this sec. .-

(a) in the case of a continuing offence, the period of limitation shall be computed with reference to every point of time during which the offence continues;

(b) where for the performance of any act time is granted or extended on an application made by the occupier or manager of a factory, the period of limitation shall be computed from the date on which the time so granted or extended expired.

106A. Jurisdiction of a court for entertaining proceedings, etc., for offence.- For the purposes of conferring jurisdiction on any court in relation to an offence under this Act or the rules made thereunder in connection with the operation of any plant, the place where the plant is for the time being situate shall be deemed to be the place where such offence has been committed."

Thus, no Court can take cognizance of any offence punishable under the Factories Act, 1948, unless a complaint thereof is made within three months from the date on which the alleged commission of the offence came to the knowledge of an Inspector.

6. Admittedly, in the instant case, the complaint has been received in the office of the Assistant Director of Factories, Koppal Division, Koppal on 21/4/2021 and though the incident had taken place on 24/9/2020, the date that has to be considered is, when the offence came to the knowledge of the jurisdictional Inspector and as the complaint having been filed on 25/9/2021 i.e., after the period of limitation as stipulated under Sec. 106 of the Act, 1948, the same is liable to be set aside. Hence, the following:

O R D E R

The criminal petition is allowed and the impugned proceedings in PCR No.418/2021 pending on the file of the learned Additional Civil Judge and JMFC Court, Koppal is hereby quashed.