THE COURT CANNOT SET THE CRIMINAL LAW INTO MOTION MECHANICALLY WITHOUT APPLYING ITS MIND TO THE MATERIALS ON RECORD.

DEBIPRASAD SENGUPTA, J.

( 1 ) THIS revisional application is for quashing of a proceeding, being Case No. C-138 of 1997, in the Court of the learned Chief Judicial Magistrate, Barasat, North 24 Parganas, under Section 92 of the Factories Act, 1948, for contravention of Rule 51 of the West Bengal Factories Rules, 1958, and the provisions of Sections 41 and 112 of the Factories Act, 1948.

( 2 ) THE present petitioners were made accused in a case being Case No. C-138 of 1997, pending before the learned Chief Judicial Magistrate, North 24 Parganas, Barasat, on the accusation of having committed offences punishable under Section 92 of the Factories Act, 1948, for contravention of Rule 51 of the West Bengal Factories Rules, 1958, and the provisions of Section 41 and Section 112 of the Factories Act, 1948. The said case was initiated on the basis of a petition of complaint lodged by opposite party No. 1 herein before the learned Chief Judicial Magistrate, North 24 Parganas at Barasat. In the petition of complaint it was alleged that on November 19, 1996, the opposite party held an enquiry in the factory of the petitioners situated at 1, Sagar Duttaghat Road, P. 5, Kamarhati Belghoria, Calcutta- 58, in order to enquire into the causes and circumstances leading to a fatal accident to a workman named Palak Chatterjee working as a contractor's supervisor on November 15, 1996, at about 8. 30 a. m. which resulted in his death at about 3. 00 am. on November 16, 1996, at N. R. S. Medical College and Hospital. It was alleged in the petition of complaint that the manager of the factory did neither inform verbal or over the telephone or by telegram, nor did he send any written report to the Inspector of Factories in time about the said fatal accident. It was further alleged that in course of enquiry it was ascertained that the deceased workman entered into the factory on November 15, 1996, and started working at about 8 a. m. in the reeling section of the factory along with five workmen to remove a soft solid cylinder wooden button block from a dry hard cement concrete foundation bed known as "dead load material". It was alleged that in a wrong method of work done unsafe, the deceased attempted to lift the said wooden block by using the jib crane instead of cutting manually chisel or hammer in the absence of forbearance from the management of the factory. The deceased pierced a steel rod on the projected portion of the wooden block and attached it to the jib arm of the crane. Thereafter, the deceased himself pulled the jib crane as a result the jib arm broke and fell down on his head and the victim was seriously injured. He was immediately removed to N. R. S. Hospital, where he succumbed to his injuries. It was alleged in the complaint that the said process of work was wrong and totally unsafe. On the basis of the aforesaid allegations it was alleged that the petitioners contravened the provisions of Rule 51 of the West Bengal Factories Rules, 1958, read with Sections 41 and 112 of the Factories Act, 1948, as amended up to date, and are thereby punishable under Section 92 of the said Act.

( 3 ) ON receipt of the petition of complaint the learned Magistrate by an order dated February 10, 1997, took cognizance of the offence and issued process against the petitioner.

( 4 ) MR. Ghosh, learned advocate appearing for the petitioner, submits that the allegations in the petition of complaint and the investigation report when read in the light of the statements of the persons examined by opposite party No. 1 in the course of such enquiry, which is the basis of the enquiry report appear to be patently absurd and inherently improbable. Mr. Ghosh submits that the allegations made in the petition of complaint are wholly perverse and contrary to the statements of the persons recorded by opposite party No. 1 in the course of such enquiry. According to Mr. Ghosh, the learned advocate of the petitioners, the statements form the basis of the enquiry report

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