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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Kumar Dwivedi, J.
Hemant Madhusudan Nerurkar @ H.M. Nerurkar, son of late Madhusudan Mahadev Nerurkar And Ors. - Petitioners
Versus
The State of Jharkhand and ors. –Opposite Parties
Cr.M.P. No. 783 of 2013
Decided On : 15-09-2021
Factories Act - Prosecution under Section 92 - 106 - The court quashed the criminal proceedings as the complaint was filed after the prescribed three-month period from the date of occurrence, as mandated by Section 106 of the Factories Act.
Fact of the Case:
The petitioners sought to quash the criminal proceedings initiated against them for an accident at a factory, alleging violation of the Factories Act.
Finding of the Court:
The court found that the complaint was time-barred under Section 106 of the Factories Act, as it was filed after the prescribed three-month period from the date of occurrence.
Issues: The main issue was the timeliness of the complaint under Section 106 of the Factories Act.
Ratio Decidendi: The court held that no Court shall take cognizance of any offence punishable under the Factories Act unless a complaint is made within three months of the date on which the alleged commission of the offence came to the knowledge of an Inspector, as per Section 106 of the Act.
Final Decision: The court quashed the entire criminal proceedings, including the orders passed by the lower courts, due to the time-barred nature of the complaint.
JUDGMENT :
Heard Mr. Indrajit Sinha, learned counsel for the petitioners and Mr. Veervijay Pradhan, learned A.P.P. for the opposite party-State.
2. This criminal miscellaneous 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 on merit.
3. The petitioners have filed this petition for quashing the order dated 21.02.2013 passed by the learned Principal Sessions Judge, Jamshedpur in Criminal Revision No.297 of 2012, whereby, revision petition filed by the petitioners has been dismissed. The further prayer is made for quashing the order dated 24.09.2012 passed by the learned Judicial Magistrate, 1st Class, Jamshedpur in C/2 Case No.442 of 2012 and also for quashing entire criminal proceeding initiated as against the petitioners in connection with C/2 Case No.442 of 2012.
4. A prosecution report was filed by the opposite party no.2 in the court of learned Judicial Magistrate, Jamshedpur on 24.09.2012 which was registered as C/2 Case No.442 of 2012 arraying the petitioners as accused with a prayer to take cognizance against them for allegedly committing an offence in terms of Section 92 of the Factories Act for violation of Rules 55(A)(2) and 56(A) of the Bihar (now Jharkhand) Factories Rules, 1950. The petitioners have been arrayed as an accused in their capacity as an occupier and Manager respectively of M/s. Tata Steel Ltd. The complaint has been lodged in connection with an accident which took place on 19.06.2012 at 06:20 p.m. at G&H Blast Furnace Plavourize Coal bin/hopper where it is alleged that at the time of installation of 600 Kg mouthpiece the upper portion of chain block was broken due to which Birju Prasad, Fitter who was standing under it was crushed by the said mouthpiece and has sustained grievous injuries. The injured workman was carried to the hospital but during the course of treatment has died on 24.06.2012. It has been alleged that the accident took place due to violation of Rule 55(A)(2) and 56(A) for which the petitioners are responsible.
5. The only point has been raised in this petition by Mr. Indrajit Sinha, learned counsel appearing for the petitioners that Section 106 of the Factories Act prescribes the period of limitation for three months for filing the complaint, under Section 92 of the Factories Act from the date of occurrence. He submits that the date of occurrence is 19.06.2012 and on 20.06.2012 opposite party no.2 inspected the place of occurrence and subsequently required information was furnished in statutory Form 17A by the company. He further submits that the knowledge was there to the Inspector on 19.06.2012 itself and the complaint was filed on 20.09.2012. He further submits that three months' time from the date of occurrence comes to the date on 18.09.2012 and on that day 90 days' has been completed from the date of occurrence. He also submits that the complaint has been filed after 90 days which is against the mandatory provision made under Section 106 of the Factories Act. He further submits that there is no provision of condonation of delay. The petitioners are occupier and Manager under the Factories Act.
6. Mr. Veervijay Pradhan, learned A.P.P. appearing for the State by way of referring Section 106 of the Factories Act submits that the enquiry was going on and the revisional court has rightly held that it will be from the date of filing of the report.
7. For ready reference, Section 106 of the Factories Act reads as under:-
Provided that where the offence consists of disobeying a written order made by an Insp
The main legal point established is that under Section 106 of the Factories Act, the complaint must be filed within three months of the date of occurrence or the date of knowledge of the occurrence, ....
It is also crystal clear that the law with regard to filing of the complaint under the Factories Act is within a period of three months from the date of commission of the offence or from the date of ....
The main legal point established is that complaints for offences under the Factories Act, 1948 must be made within the specified period of limitation as per Sec. 106 of the Act.
The court ruled that a complaint under the Rajasthan Factories Act must be filed within three months of the inspector's knowledge of the offence, failing which the prosecution is invalid.
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