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1989 Supreme(Pat) 286

BHUVANESHWAR PRASAD
D. N. Dikshit – Appellant
Versus
State or Bihar – Respondent


JUDGMENT

Bhuvaneswar Prasad, J. - This application has come up for admission. It has been filed under section 482 of the Code of Criminal Procedure, 1973 (in short the 'Code'). It is directed against the order dated 19.5.1989 passed by the learned Sub-divisional Judicial Magistrate, Sikharana at Motihari, in Factory Case No. 17/89 (State v. Shri D. N. Dikshit and others) by which the learned Sub-divisional Judicial Magistrate has been pleased to take cognizance of the offence under section 92 of the Factories (Amendment) Act, 1987 (in short the 'Act') against the petitioner and others and has transferred the case for disposal to the court of Shri I. B. Mandai, Judicial Magistrate, 1st Class.

2. In this application, it has been stated that even if it is taken at its full face value, the complains petition does not disclose any offence at all and does not show even prima facie the complicity of the petitioner in the alleged offence. The complainant in the case is the Factories Inspector, Motihari. He is said to have inspected Barrah Factory Branch of M/s Champaran Sugar Company Limited in the presence of the General Manager, Accounts Officer and the Chief Engineer of the Factory. The F






















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