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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
Prasanna M. Hegde, S/o. Mahabaleshwara S. Hegde – Appellant
Versus
State Of Karnataka, At The Instance Of Sri. Prakash Shenai A. – Respondent
| Table of Content |
|---|
| 1. overview of petition and reliefs sought (Para 2) |
| 2. petitioner's arguments and reference to communications (Para 3 , 4) |
| 3. petitioner argues that the respondent did not consider their reply to the show cause notice. (Para 5) |
| 4. judgment analysis of prior cases regarding complaint procedures (Para 6 , 7 , 8) |
| 5. court finds procedural flaws in complaint and shows cause notice (Para 9) |
ORDER :
(S.R. KRISHNA KUMAR, J.)
In this petition, petitioner seeks for the following reliefs:
“i. Quash the entire proceedings in C.C.No.1390/2024 filed under Section 200 of Cr.P.C for the offence punishable under Section 92 of the FACTORIES ACT , 1948 and all further proceedings pursuant thereto which are produced at Document No.1 on the file of learned 31st Additional Chief Metropolitan Magistrate, Bengaluru.
ii. Grant such other and further reliefs as deems fit in the facts and circumstances of the case, in the interest of justice.”
2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record.
3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the p
A complaint under the Factories Act must consider the respondent's reply to the show cause notice; failure to do so renders the proceedings invalid and subject to quashing.
It is well settled that at stage of issuing process, Magistrate is mainly concerned with allegations made in complaint or evidence led in support of same and Magistrate is only to be satisfied that t....
The complaints were an abuse of process of court, as there was no violation of law and rules and regulations, and the complaints were filed belatedly. The non-mention of the show cause notice and its....
The importance of timely and reasoned responses to show cause notices and the implications of delayed replies in criminal prosecutions under the Factories Act.
Point of law : If an order is not obligatory to be passed under the statute, no appeal would lie against the offence alleged under Section 7A(2)(c) of the Factories Act as is alleged in the case at h....
The court emphasized the necessity of adhering to safety regulations in factories, clarifying the applicability of the Factories Act even with fewer than ten workers, and addressing procedural errors....
Prosecution of Central Government employees in factories requires prior sanction under Section 197 Cr.P.C.
Prosecutions under different sections for workplace incidents can coexist without double jeopardy as they address distinct legal matters.
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