The central legal point established in the judgment is the interpretation of the limitation period for filing a complaint under the Mines Act, 1952, and the significance of the knowledge of the offence and the commencement of an inquiry in determining the starting point of limitation.

Headnote:
Section 438 - Criminal P.C. - Mines Act, 1952, Section 23, Section 79 - The judgment discusses the interpretation and application of Section 79 of the Mines Act, 1952, regarding the limitation for filing a complaint for an offence under the Act. The court analyzes the relationship between the knowledge of an offence, the commencement of an inquiry, and the starting point of limitation, ultimately holding that the complaint is within time.
Fact of the Case:

The case involves a fatal accident in a coal mine, leading to a complaint against the managing director and manager for breaches of regulations under the Mines Act, 1952. The issue revolves around the limitation for filing the complaint.
Finding of the Court:

The court analyzed the provisions of the Mines Act, particularly Section 79, and held that the complaint was within time, rejecting the objection raised by the non-applicants.
Issues: The main issue was the interpretation of the limitation period for filing a complaint under the Mines Act, 1952, in relation to the knowledge of the offence and the commencement of an inquiry.
Ratio Decidendi: The court determined that the knowledge of the offence by the Inspector and the commencement of an inquiry are crucial in determining the starting point of limitation for filing a complaint under Section 79 of the Mines Act, 1952.
Final Decision: The court rejected the objection raised by the non-applicants and held that the complaint was within time, ultimately discharging the rule.

ORDER

1. This case has been reported under Section 438 of the Criminal P.C., by the Additional Sessions Judge, Chanda.

2. The relevant facts are briefly these: On 18-10-1955, there was a fatal accident in the Mahakali Coal Mines at Chanda. The non-applicant No. 1 Keshaylal is the managing director of these mines while the non-applicant No. 2, Walker, is the manager thereof. Notices of the accident were given immediately by telegrams to the Chief Inspector of Mines, Dhanbad and the Regional Inspector of Mines, Chhindwara. Similarly, notices of the accident under Section 23 (1) of the Mines Act, 1952, were also given immediately.

3. Early In May 1956, the Regional Inspector of Mines directed Bhankaran (P.W. 1), an Inspector of Mines, to inquire into the accident. He accordingly inquired into the matter and during the course of the inquiry he learnt for the first time that the non-applicants had committed breaches of regulations 96 and 146 and had thereby committed an offence punishable under Section 74 of the Mines Act. A complaint was lodged by the Regional Inspector of Mines on 25-6-1956. Thereupon both the non-applicants were proceeded against for the alleged breaches. During the course of the trial an objection was raised on behalf of the non-applicants that the complaint was barred by time. Their objection was overruled by the trying Magistrate. Thereupon the non-applicants preferred an application for revision before the Additional Sessions Judge, Chanda. Being of opinion that the complaint was barred by time, he has reported the case to this Court.

4. Section 79 of the Mining Act provides, no Court shall take cognizance of any offence under this Act, unless complaint thereof has been made

(i) within six months of the date on which the offence is alleged to have been committed, or

(ii) within six months of the date on which the alleged commission of the offence came to the knowledge of the Inspector; or

(iii) in any case where a Court of inquiry has been appointed under Section 24, within six months after the date of the publication of the report referred to in Sub-section (4) of that section.

5. It is contended on behalf of the State that the offence came to the knowledge of the Inspector only after the completion of the inquiry by Shankaran and that the complaint having been made within six months of the completion of that inquiry, it was within time.

6. On behalf of the non-applicants it is however contended that where knowledge of the commission of an offence is dependent upon the result of an inquiry such inquiry must necessarily be started within two months of the date of intimation of the accident. It is pointed out on their behalf that where there has been an accident causing loss of life of a workman, Section 23 requires a notice of such accident to be given by the owner of the mines to the appropriate authority. Now where such a notice is given, inquiry into that accident has to be commenced by the appropriate authority within two months of the receipt of the notice. Where it is claimed that knowledge of the offence is obtained only as a result of the inquiry made under Section 23 of the Act, then, according to him, the inquiry must necessarily be commenced within two months of the receipt of the intimation of the accident and the period of limitation cannot be permitted to be extended by delaying the inquiry.

7. Sub-section (2) of Section 23 reads thus:

"Where a notice given under Sub-section (1) relates to an accident causing loss of life, the authority shall make an inquiry into the occurrence within two months of the receipt of the notice and, if the authority is not the Inspector, he shall cause the Inspector to make an inquiry within the said period."

It is no doubt clear from this provision that making of an inquiry is made obligatory thereby and also that an inquiry has got to be instituted within two months of the receipt of notice. Had the provisions of this section been complied with, the Regional Inspector who

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