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M. NIRMAL KUMAR
Toshihiko Sano, S/o. Mitsuharu Sano – Appellant
Versus
Tamil Nadu State, Rep. by Deputy Director, Industrial Safety and Health – Respondent
ORDER :
COMMON PRAYER: Criminal Original Petitions are filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.Nos.239 to 250 and 282 to 297 of 2013 respectively on the file of the Learned Chief Judicial Magistrate, Chengalpet and quash the same as against the petitioners.
All these Criminal Original Petitions filed to quash the proceedings in C.C.Nos.239 to 250 and 282 to 297 of 2013, pending on the file of the Chief Judicial Magistrate Court, Chengalpet (trial Court).
2. Since all the cases in C.C.Nos.239 to 250 and 282 to 297 of 2013 are arising out of common show cause notice, dated 11.03.2013 in No.(B)1186/2013, this Court disposes all these Criminal Original Petitions by way of common order.
3. The respondent viz., the Deputy Director, Industrial Safety and Health, Sriperumbudur conducted inspection on M/s.Renault Nissam Automotive India Private Limited situated at plot No.1, Sipcot Industrial Park, Oragadam, Mattur Post, Sriperumbudur Taluk, Kancheepuram (For convenience and brevity hereinafter referred to as 'RNAIPL') on 27.02.2013 and prepared inspection report, dated 11.03.2013 in No.KM/8453/2013, wherein 38 violations under the Factories Act
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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....
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....
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....
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