Back
ANIL KUMAR CHOUDHARY
Amarendu Prakash – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the entire criminal proceeding arising out of Complaint Case No. 05 of 2021 including the order taking cognizance dated 04.01.2021, passed by the learned Chief Judicial Magistrate, Bokaro, whereby and where under cognizance for the offences punishable under Section 92 of the Factories Act, 1948 has been taken and summons were issued, now pending in the Court of learned Chief Judicial Magistrate, Bokaro.
3. It is submitted by the learned counsel for the petitioners that the petitioners do not press the prayer on behalf of the petitioner no.3 –Sanjay Kumar and prays to withdraw the same with liberty to raise all the grounds taken in this criminal miscellaneous petition before the concerned court at the relevant time.
4. Accordingly, this criminal miscellaneous petition is dismissed as withdrawn, so far as the petitioner no.3 –Sanjay Kumar is concerned with liberty to raise all the grounds taken in this criminal miscellaneous petition before the appropriate court at the relevant time.
5. So far as the petitioner nos
Directors are not liable for offences under Section 92 of the Factories Act, 1948, and related sections and rules.
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 court held that only one director of a company can be prosecuted for violations under specific sections of the Factories Act, affirming a strict interpretation of legislative intent.
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....
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....
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....
Concurrent prosecutions under the IPC and Factories Act for the same incident are permissible as the laws address different legal elements and liabilities.
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....
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
