IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M : RAVINDRA V. GHUGE, RAJESH S. PATIL, JJ.
Mr.izhar Nizamulhak Khan – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
Ravindra V. Ghuge, J.
1. The Applicant Accused has put forth prayer clause (a) as under :
“a) This, Hon’ble Court be pleased to call for the records and proceeding in RCC No. 1528 of 2022 from of Ld. JMFC Court at Thane (Mira-Bhayandar) and after perusing the same for its correctness, legality and the propriety of the impugned FIR No. 0047/CR No. 41 of 2022 dated 02/02/2022, instituted by the Bhayandar Police Station under the provision of Section 304A of the Indian Penal Code, be pleased to quash and set aside the same, by allowing the present application”.
2. We have considered the strenuous submissions of the learned Advocate for the Applicant and the learned Addl.PP.
3. The Applicant before us is the Factory Manager of M/s. Shree Shakti Weldtech Private Limited, a Company, registered under the provision of the Indian Companies Act, 1956 (the Act of 1956). The factory was registered under Rule 6 of the Maharashtra Factories Rules, 1963 (in short, ‘the Factories Rules of 1963’) and was issued with the factory license. The said license was renewed for the period from 1st January, 2021 to 31st December, 2022.
4. The Applicant was designated as a Factory Manager within the mean
A Factory Manager can be prosecuted under IPC Section 304A for negligence leading to an employee's death, even if the Occupier was previously prosecuted under the Factories Act, without violating dou....
Provision of Section 92 of Factories Act, it is clear that Factories Act is not a part of general penalty law but arise out of a breach of a duty provided in it - Offence punishable under Factories A....
Directors are not liable for offences under Section 92 of the Factories Act, 1948, and related sections and rules.
The importance of timely and reasoned responses to show cause notices and the implications of delayed replies in criminal prosecutions under the Factories Act.
Point of law : If an order is not obligatory to be passed under the statute, no appeal would lie against the offence alleged under Section 7A(2)(c) of the Factories Act as is alleged in the case at h....
The complaints were an abuse of process of court, as there was no violation of law and rules and regulations, and the complaints were filed belatedly. The non-mention of the show cause notice and its....
Point of Law : High Court may exercise the powers under Section 226 of Constitution or the inherent powers under Section 482 of Cr.P.C. to prevent abuse of process of Court or otherwise to secure the....
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