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G. JAYACHANDRAN
Rajesh Kumar – Appellant
Versus
State of Tamil Nadu Rep. by Deputy Director, Industrial Safety & Health, Ariyalur – Respondent
JUDGMENT
(Prayer: Criminal Revision Case has been filed under Section 397 and 401 of Cr.P.C., praying to call for the records pertaining to the judgment dated 20.07.2018 made in C.A.No.4/2017 on the file of the Principal District and Sessions Judge of Ariyalur as confirming the judgment dated 08.02.2017 made in C.C.No.5/2016 on the file of the Chief Judicial Magistrate Court, Ariyalur and set aside the same.)
1. The Revision Petitioner is the Proprietor-cum-Manager of Gugan Fire Works, engaged in manufacturing fire crackers. On 07/03/2016 at about 1.15 p.m., fire broke in the factory by which two persons employed under the petitioner died. On hearing the incident, the Deputy Director, Industrial Safety and Health, Ariyalur inspected the premises on 08/03/2016 and caused notice to the petitioner. On being not satisfied with the explanation, a complaint lodged for violation of the provisions of the Factories Act, 1948.
2. As per the complaint, on 07/03/2016, in violation of the Act and Rules, out of four male workers employed in the cracker manufacturing unit of the accused, two of them by name Ravi and Anbu were allowed to work in the uneven mud floor, instead of the room meant for man
The main legal point established in the judgment is the interpretation of evidence, sufficiency of evidence, and the application of safety rules under the Factories Act.
The court emphasized the necessity of adhering to safety regulations in factories, clarifying the applicability of the Factories Act even with fewer than ten workers, and addressing procedural errors....
The prosecution must prove negligence beyond reasonable doubt, and reliance on insufficient evidence leads to acquittal.
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 importance of timely and reasoned responses to show cause notices and the implications of delayed replies in criminal prosecutions under the Factories Act.
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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