Mens rea is an essential ingredient of a criminal offense, and the grant of exemption and communication of the decision by the authority concerned are crucial in determining intentional contravention of statutory provisions.

JUDGMENT :

Heard Mr. Indrajit Sinha assisted by Mr. Rishav Kumar, learned counsel for the petitioners and Mr. Rakesh Ranjan, learned counsel for the State.

2. The present petition has been filed for quashing of entire criminal proceeding including order taking cognizance dated 07.08.2012 in connection with C/2 Case No. 388/2012, pending in the Court of learned Additional Chief Judicial Magistrate, Jamshedpur.

3. The complaint has been filed by the O.P. No. 2 alleging therein that on the alleged date of inspection i.e. 16.05.2012 it was found that no proper Ambulance Room was maintained nor doctor and para medical officers were appointed which was in gross violation of Section 45(4) of the Factories Act and also Rule 65 of the Jharkhand Factories Rule, 1950.

4. Mr. Indrajit Sinha, learned counsel for the petitioners submits that petitioner no.1 is occupier and the petitioner no. 2 is Manager of the factory namely Tata Hitachi. He further submits that on 31.03.1999 Telco Construction Equipment Company Limited was come into existence by separation from the parent company i.e. Tata Motors Limited. He further submits that from 05.12.2012 Telco Construction Equipment Company Limited is now known as Tata Hitachi Construction Machinery Limited. He further submits that Tata Motors Limited and Telco Construction Equipment Company Limited had entered into an agreement on 02.02.2004 for common services including Ambulance Room and Medical Facilities provided to the Telecom on certain charges vide annexure-2. He further submits that Senior General Manager (Operation and Factory Manager) on 02.09.2008 made an application for exemption from the provision of Rule-65, Bihar Factory Rules, 1950 related to Ambulance Room and medical facilities contained in annexure-3. He further submits that the Senior General (Manufacturer and Factory Manager) vide reference dated 03.09.2012 had made reminder by earlier letter dated 02.09.2008, an application for exemption of certain provisions contained in Rule 65 of Bihar Factories Rule related to the Ambulance Room. He submits that Annexure-6 which is letter dated 23.03.2013 the Department had exempted the factory namely, Telecon Construction Equipment Company Limited (now known as Tata Hitachi Construction Machinery Company Limited). On these grounds he submits that to allow the proceeding to be continued will amount the process of the court.

5. Learned counsel for the State submits that compliance of said Rule was not there that is why case has been filed and the learned court has taken cognizance.

6. In view of above submission of the learned counsel for the parties, the Court has gone through the materials on record and finds that on 02.02.2004 Tata Motors Limited and Telco Construction Equipment Company Limited had entered into an agreement for common services including Ambulance Room and Medical Facilities provided to the Telecon on certain charges. The petitioners had already applied for exemption on 02.09.2008 and reminder was sent on 03.09.2012. In the meantime present case has been filed. Admittedly, by way of Annexure-6 the Exemption has already been granted by Chief Inspector of Factories, Jharkhand vide letter dated 23.03.2013. Mens rea is an essential ingredient of a criminal offence and in this regard reference may be made to the Case of “Nathulal V. State of Madhya Pradesh” reported in AIR 1966 SC 43 wherein para 4 the Hon’ble Supreme Court has held as under:-

“4. The law on the subject is fairly well settled. It has come under judicial scrutiny of this Court on many occasions. It does not call for a detailed discussion. It is enough to restate the principles. Mens rea is an essential ingredient of a criminal offence. Doubtless a state may exclude the element of mens rea, but it is a sound rule of construction adopted in England and also accepted in India to construe a statutory provision creating an offence in conformity with the common law rather than against it unless the statute expressly or by