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2013 Supreme(Bom) 1555

R.C.CHAVAN
Atul Anant Pathak – Appellant
Versus
State through Chandrakant L. Naik – Respondent


Advocates Appeared:
For the Petitioner:G. Sardessai, Advocate.
For the Respondent: D. Lawande, Additional Public Prosecutor.

JUDGMENT :

The petitioner in this petition has invited this trouble of being required to move this Court because he questioned before the Sessions Court an order passed by the learned Judicial Magistrate, First Class, Sattari in Criminal Case No.9/S/2011 issuing process against the petitioner for the offence punishable under Section 304-A of Indian Penal Code.

2. A sixteen and half years old girl was employed in a factory of which the petitioner was Factory Manager. It was alleged that the petitioner did not supply necessary safety equipments to the victim who was caught in a conveyor belt. She suffered injuries which led to her death. A report was made and after investigation, charge-sheet was sent to the Court of learned Judicial Magistrate, First Class Sattari, who issued process against the petitioner. Aggrieved by the said order, the petitioner approached Court of Sessions at Mapusa for having the order of issuance of process set aside.

3. The learned Additional Sessions Judge, who heard the revision application allowed the digression initiated by the Public Prosecutor and rather than dealing with the question whether the process was properly issued or not, proceeded to hold























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