V. Mishra, J.

This judgment will govern Criminal Miscellaneous No. 3642 of 1975 and Criminal Miscellaneous No. 4295 of 1976 as the same point is involved in both the cases. Both the petitions are under section 482 of the Code of Criminal Procedure, 1973, (hereinafter to be referred to as 'the Code').

2. In Criminal Miscellaneous No. 3642 of 1976, petitioner no. I is Shri Nand lal Poddar of Rohtas Industries Ltd., Dalmianagar and petitioner no. 2 is Shri D.V. Singh, the Factory Manager of the said Rohtas Industries Both of them have been prosecuted under section 92 of the Factories Act, 1948 on the basis of a complaint filed by Shri S. B. Jha, Inspector of Factories. This case was registered as Case No. 91 (0) of 1976 in the court of the Chief Judicial Magistrate, Sasaram. After taking cognizance, the case was transferred by the Chief Judicial Magistrate to the file of Shri B. K. P. Kashyap, Judicial Magistrate, 1st class, Sasaram, for disposal. In his court, it was numbered as Case No. 91 (0)/950 of 1917 (State Vrs. N. L. Poddar and another). They have been prosecuted for a technical offence under section 92 of the Factories Act, 1948, which prescribes a penalty of imprisonme