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 double jeopardy principles.

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 1^st January, 2021 to 31^st December, 2022.

4. The Applicant was designated as a Factory Manager within the meaning of Rule 2 (m) of the Factories Rules of 1963. On 31^st May, 2021, an accident took place in the premises of the factory at about 3.50 pm. One of the contract labourers, namely, Shri Ilyas Abdul Jabbar Sayyed, working in the factory premises, met with an accident and died on account of the injuries sustained in the said accident. It is admitted position that it was not an industrial accident, meaning that the death was not caused by an accident that occurred during the manufacturing process.

5. On 2^nd June, 2021, the accident report was tendered to the Factory Inspector in Form No. 24. On 3^rd June, 2021, the Senior Inspector of Vinoba Bhave Nagar Police Station, Mumbai transferred all the documents to the Bhayandar Police Station with regard to the death of Shri Ilyas Abdul Jabbar Sayyed (hereinafter referred to as the deceased), bearing Accidental Death No. 00 of 2021 under Section 174 of the Code of Criminal Procedure, 1973 (‘the Cr.PC’), vide letter bearing reference No. 3532 of 2021. After the letter was received, the Havildar, Shri Rajesh Yashwant Keni, called upon the Occupier of the factory and directed him to furnish the documents such as attendance sheet of the employees as on 31^st May, 2021 and the factory license, as well as the letter of declaration about the Factory Manager. The Factory Inspector visited the factory premises on 2^nd July, 2021 and served the inspection remarks upon the Occupier.

6. On 5^th July 2021, the Factory Inspector served a show cause notice upon the Occupier of the factory, Shri.Chetan Shah. The Occupier replied to the show cause notice on 12^th July, 2021. The Factory Inspector prosecuted the Occupier by filing a criminal complaint bearing SCC No. 7738 of 2021 before the learned Chief Judicial Magistrate at Thane.

7. In view of the death of Shri Ilyas Abdul Jabbar Sayyed, the Company paid an ex-gratia amount of Rs. 1,00,000/- to the father of the deceased on 28^th October, 2021. His service legal dues were also paid.

8. On 2^nd February, 2022, a First Information Report (FIR) bearing No. 0047 of 2022, was lodged against the present Applicant, who was the Manager of the Factory. The Investigating Officer filed the charge-sheet on 31^st March, 2022. By order dated 30^th August, 2021, passed below Exhibit ‘F’ in SCC No. 7738 of 2021, the learned Chief Judicial Magistrate recorded the admission of guilt by Shri Chetan Shah and after noting that Shri Shah has pleaded guilty voluntarily, he was convicted under Section 252 of the Cr.PC and sentenced to pay fine of Rs.50,000/- for the said offence, under Rule 73-F (a) and (b) of the Factories Rules of 1963, punishable under Section 92 of the Factories Act, 1948 (‘the Factories Act’).

9. The grounds raised by the Applicant in this proceeding, can be summarized as under :

(a) The fi