Back
BIRENDRA KUMAR
Krishna Kumar Srinivasan – Appellant
Versus
State Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. overview of the petition and factual background. (Para 1 , 2 , 3) |
| 2. non-compliance of inspection procedures highlighted. (Para 4 , 6 , 8 , 10) |
| 3. legal requirements for safety and liability. (Para 7 , 9 , 11 , 13) |
| 4. risks associated with operational procedures examined. (Para 12) |
| 5. criminal prosecution quashed based on insufficient evidence. (Para 14) |
JUDGMENT :
Mr. Birendra Kumar, J. - The petitioners are accused in Criminal Complaint No.946/2022. The petitioners have challenged the entire criminal proceedings including the order of cognizance dated 29.9.2022 whereby the learned court below has taken cognizance against the petitioners for offence under section 7A, 21 and 41 of the FACTORIES ACT , 1948 read with Rule 65(E) and 65(F) of the RAJASTHAN FACTORIES RULES , 1951 (in short "the Rules of 1951").
2. The challenge is on the ground that the offences whereunder cognizance has been taken are not made out as well as on the ground that the mandates of the FACTORIES ACT were not followed before recommending for and filing complaint case.
3. The uncontroverted facts of the case are that Shriram Pistons and Rings Limited is a manufacturer and trader of pistons and ri
The prosecution must prove negligence beyond reasonable doubt, and reliance on insufficient evidence leads to acquittal.
The court highlighted the importance of considering the obligations of workers and the liability of the occupier and manager under the Factories Act before initiating criminal proceedings.
The interpretation and application of relevant sections of the Factories Act, particularly Sections 97 and 111, are crucial in determining liability for workplace accidents.
The central legal point established in the judgment is the importance of judicial interpretation in avoiding constructions that render statutory provisions devoid of meaning or application.
The court emphasized the necessity of adhering to safety regulations in factories, clarifying the applicability of the Factories Act even with fewer than ten workers, and addressing procedural errors....
The complaints were an abuse of process of court, as there was no violation of law and rules and regulations, and the complaints were filed belatedly. The non-mention of the show cause notice and its....
Prosecutions under different sections for workplace incidents can coexist without double jeopardy as they address distinct legal matters.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
