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MRIDULA BHATKAR
Chaya Kishore Musale – Appellant
Versus
Deputy Director, Industrial Safety and Health – Respondent


Advocates Appeared:
For the Petitioner: Rajiv Chavan, Sr. Adv., Vijay Tawde, i/b. Kenjalkar H. Vinayak, Advs.
For the Respondents: Anamika Malhotra, A.P.P.

JUDGMENT :

MRIDULA BHATKAR, J.

1. This writ petition is filed by the original accused against whom the respondent Deputy Director, Industrial Safety and Health, Pune and Inspector u/s. 8 of Factories Act, has initiated proceeding u/s. 21(1)(iv)(C) and 92 of Factories Act, 1948. The petitioner is a Director of company, who owns the factory, wherein accident of one worker has taken place in the year 2009 and therefore the respondent has prosecuted her u/s. 21(1)(iv)(C) and 92 of Factories Act, 1948 and a private complaint was filed in the year 2010 by Factory Inspector/respondent, pursuant to which the process was issued on 06/04/2011 u/s. 21(1)(iv)(C) and 92 of Factories Act, 1948. In the said complaint the present petitioner appeared and she moved application u/s. 101 of Factories Act, seeking exemption from liability in alleged offences on the ground that she has neither directly or indirectly involved in the factory and the offence has taken place due to the negligence of one Chandresh Jayantilal Shah, who is in-charge of the factory and therefore he is liable and responsible for the accident. Said application was rejected by an order dated 03/12/2015 by Additional Chief Judicial M











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