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2025 Supreme(Bom) 74

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


Advocates Appeared:
Dr.Dashrath S. Hatle for the Applicant.
Mr.S.V.Gavand, Addl.GP for the Respondent -State.
Mr.Kishor Mane, API, Bhayandar Police Station.

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

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