B.D. Agarwal, J.

1. This application under Section 482 r/w Section 397 of the Criminal Procedure Code, 1973 has been filed by the accused praying for quashing the Complaint Case No. 3260 of 2013 under Sections 92/95 of the Factories Act, 1948, pending before the learned JMFC, Kamrup, Guwahati. Heard Mr. B.D. Das, learned Sr. counsel for the petitioner and Mr. N.J. Dutta, learned counsel for the respondents.

2. The petitioner herein is the Asstt. General Manager of Assam Electricity Grid Corporation Ltd. On the other hand, the complainant is the Inspector of Factories, Guwahati. The FIR has been lodged against the petitioner for transforming and transmitting the power without obtaining any license under the Factories Act. There are other accusations as well against the petitioner regarding violation of the provisions of the Factories Act. However, the learned counsel for the petitioner basically argued that his case is about non-application of the Factories Act for the purpose of transformation and transmission of the electricity power.

3. Referring to Section 2(m) of the Factories Act, 1948 Mr. Das contented that when 10 or more workers are engaged in a manufacturing process (