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SANJAY KUMAR DWIVEDI
Harjot Kaur W/o Shri Dipak Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Ms. Surabhi, learned counsel for the petitioner and Mr. Veervijay Pradhan, learned A.P.P. for the State.
2. This petition has been taken through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.
3. This petition has been filed for quashing of entire criminal prosecution including the order taking cognizance dated 18.05.2015 arising out of and in connection with G.O. No. 100/12 filed under Section 92 of the Factories Act, 1948, pending in the court of the learned Chief Judicial Magistrate, Saraikela.
4. The complaint was filed by the Factory Inspector, Saraikela-Kharsawan, Circle-2, Saraikela alleging therein that the accused persons have contravened the provisions of sub-section 2(a) and 2(c) of Section 7-A of the Factories Act, 1948 read with Rule 55(A)(2) of the Jharkhand Factories Rules, 1950:
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.
Directors are not liable for offences under Section 92 of the Factories Act, 1948, and related sections and rules.
Liability under Section 92 of the Factories (Amendment) Act, 1987 is determined based on the definition of 'Occupier' and 'Manager' as per Section 2(n) of the Act.
Point of law : If an order is not obligatory to be passed under the statute, no appeal would lie against the offence alleged under Section 7A(2)(c) of the Factories Act as is alleged in the case at h....
The main legal point established is that the Director and Manager cannot be held responsible for an accident without evidence of their involvement, and key provisions of the Factories Act must be con....
The central legal point established in the judgment is the requirement of a manufacturing process for an organization to be considered a 'factory' under the Factories Act, 1948, and the absence of vi....
The central legal point established in the judgment is the requirement of a manufacturing process for an organization to be considered a 'factory' under the Factories Act, and the absence of vicariou....
Directors exercising ultimate control over a factory are deemed occupiers and are strictly liable for failing to implement mandatory safety measures or for operating machinery without statutory appro....
It is well settled that at stage of issuing process, Magistrate is mainly concerned with allegations made in complaint or evidence led in support of same and Magistrate is only to be satisfied that t....
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