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2023 Supreme(Mad) 3188

G. JAYACHANDRAN
K. N. Radhakrishnan – Appellant
Versus
Deputy Director, Department of Industrial Safety and Health, Hosur – Respondent


Advocates appeared:For the Petitioner:A. Ramesh, Senior Counsel for R.S. Diwaagar for Vivrti Law, Advocates. For the Respondent:S. Udaya Kumar, Government Advocate.

JUDGMENT

(Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records in C.C.No.462 of 2023, pending on the file of the learned Chief Judicial Magistrate, Krishnagiri, and quash the same. Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records in C.C.No.461 of 2023, pending on the file of the learned Chief Judicial Magistrate, Krishnagiri, and quash the same.)

COMMON ORDER

1. These two criminal original petitions under Section 482 of Cr.P.C are filed by the Occupier and the Manager of TVS Motor Company Ltd, Hosur, Tamil Nadu to quash the criminal prosecution launched against them by the Deputy Director, Department of Industrial Safety and Health for violation of the provisions under the Factories Act and Rules framed thereunder.

2. In the Manufacturing plant of Two wheelers and Three wheelers of TVS, Hosur, two accident occurred within a span of 15 days. First on 22/05/2023 at about 8.00 a.m, a worker by name Balachander in plant-I of TVS Motor Company Ltd, (KNG 00090) engaged in shifting material through material Lift from the ground floor to 1 st floor. While doing the material movement, the double do

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