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2023 Supreme(Jhk) 437

SANJAY KUMAR DWIVEDI
Rajeev Bakshi – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: Mr. V.P. Singh, Mr. A.K. Das, Mrs. Rashmi Kumar, Mr. Micky Kumari.
For the O.P. Parties : Mr. Sanjay Kumar Srivastava.

JUDGMENT :

1. I.A. No. 9713 of 2022 has been filed for deletion of the name of the petitioner no. 1 who has left for his heavenly abode.

2. In view of averments made in I.A, prayer made in I.A. is allowed.

3. Let the name of petitioner no. 1 be deleted from the array of the parties.

4. Heard Mr. V.P. Singh, learned senior counsel for the petitioners, Mr. Sanjay Kumar Srivastava, learned counsel for the opposite party nos. 1 and 2.

5. The present petition has been filed for quashing of entire criminal proceeding including order taking cognizance dated 03.09.2012 passed in connection with C/2 Case No. 417 of 2012, pending in the Court of learned A.C.J.M., Jamshedpur.

6. The O.P. No. 2-Factory Inspector, Jamshedpur Circle No. 1 has filed the complaint case alleging therein that on 04.06.2012 he had inspected the premises of M/s Tata Yazaki Autocomp (P) Ltd. situated at Bay No. 9 & 10 of outer complex (inside the Tata Motors Ltd.) and found the following violations:

    i. The plan lay out of the factory has not been sanctioned under the Jharkhand Factory Rules which is violation of Rule 3 of Jharkhand Factory Rules.

ii. There are 226 female workmen but in spite thereof, the management has

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