JUDGMENT - B.N. DESHMUKH, J.:---This appeal is filed by the State against the respondent accused who is Manager of Lorcom Factory, Chikalthana, Aurangabad.

2. The complaint was filed against the respondent-accused for contravention of provisions of section 58(1) of the Factories Act made punishable under section 92 of the said Act. The learned trial Judge acquitted the respondent on the ground that the occupier of the factory is not made accused in the present case. The prosecution is launched only against the respondent who is Manager of the factory. As the occupier is not made accused, the learned trial Judge held that such a prosecution in view of the provisions of section 92 of the Factories Act is not proper and hence acquitted the respondent-accused.

3. Shri Patil, learned A.P.P. for the State, contended that the provisions of section 92 are not properly appreciated and the prosecution of Manager alone for contravention of provisions of section 58 of the Act is possible.

4. The provisions of section 92 of the Act relate to the penalties and the procedure therefore. It provides as follows---

"Save as is otherwise expressly provided in this Act and subject to the provisions of sec

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