The statute mandates timely filing of complaints; failure to comply renders criminal proceedings invalid.

ORDER :

J.M. KHAZI, J.

Petitioner who is the sole accused has filed this petition under Section 482 Cr.P.C, challenging the criminal proceeding initiated against him in Cr.No.46/2022 for the offences punishable under Sections 7 and 9 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013.

2. In support of the petition, petitioner has contended that he is one of the partners of M/s Giddegowda contractors. The Karnataka Urban Water Supplies and Drainage Board Division, Shimoga awarded contract, as per agreement dated 14.12.2018. On 08.04.2022 the Assistant Director (Grade-I), filed a complaint alleging that on 27.02.2022 when he visited a Wet Well Tank near private bus stand, adjacent to Indira canteen, Bhadravati, he found manual scavenging work carried out without any safety gears. Based on the said complaint, the concerned police registered the case in Cr.No.46/2022, and petitioner was issued with notice. He has secured anticipatory bail.

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3. On 26.02.2022, the workers were trying to remove defunct Pump set from the wet well in order to replace it with a new pump set. The workers were provided with safety gears, and other material, including uniform. The wet well was closed for operations due to failure of the pump set, and there was no sewage water or other affluent flown to the sewage treatment plant. No manual scavenging was done. The workers who were working were not belonging to Schedule Caste or Schedule Tribe. Wet well tank is neither a sewage nor a septic tank. The complaint is filed on the instruction of Kumar, an ex-employee of petitioner was not given sub-contract. Even where the entire allegations made in the complaint taken into consideration on its face value, it would not attract any of the provisions of the act. Continuation of the proceedings, would amount to abuse of the process of the Court and pray to dismiss the petition.

4. On the other hand, learned HCGP representing respondents submit that petitioner being the partner of M/s Giddegowda partners was awarded the contract of commissioning of 400 MM Daya ductile, pumping main from KSRTC bus stand to the proposed STP near APMC and providing house service connections, etc., on 08.04.2022 when S Gopinath, Assistant Director Grade-I, inspected the spot, he found few workers engaged in manual scavenging without safety gears and in this connection, he filed the complaint. On the basis of it case is registered in Cr.No.46/2022 and investigation is taken up. Matter requires detailed investigation, and pray to dismiss the petition.

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5. Heard arguments and perused the record.

6. It is not dispute that Partnership firm M/s Giddegowda Contractors, of which petitioner is one of the partner was awarded with the contract in question and execution of the said work was going on. At this stage, making allegations that workers were engaged in manual scavenging complaint came to be filed. Of course petitioner is disputing that any manual scavenging work was carried on and the work were engaged in the work were not belonging to Schedule Caste or Schedule Tribe and the there was no violation of the provisions of the Act. Learned counsel for petitioner drew the attention of the Court to the Provisions of The Prohibition of Employment as a Manual Scavengers and their Rehabilitation Act 2013, the preamble of the act reads as follows.

"An Act to provide for the prohibition of employment as manual scavengers, rehabilitation of manual scavengers and their families, and for matters connecte