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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.JAGADISH CHANDIRA
V.R. Rambhad – Appellant
Versus
Tamil Nadu State represented by the Deputy Director Industrial Safety and Health – Respondent
| Table of Content |
|---|
| 1. factory inspection revealed safety violations leading to prosecutions. (Para 2) |
| 2. petitioners argue limitation, lack of sanction, ignored replies. (Para 3) |
| 3. respondent counters on timely filing, consideration of replies, no sanction needed. (Para 4) |
| 4. prior sanction under section 197 cr.p.c. mandatory for central government employees. (Para 6 , 7 , 8 , 9 , 14) |
| 5. supreme court precedents distinguished; factual fit essential. (Para 10 , 11 , 12 , 13) |
| 6. proceedings quashed for want of prior sanction; petitions allowed. (Para 15 , 16 , 17) |
ORDER :
A.D. Jagadish Chandira, J.
In view of commonality of issues involved, all the four criminal original petitions are considered and decided by this common order.
2. A bird’s eye view of the facts that led to the filing of the present four criminal original petitions is as under:
2.1. While the petitioner in Crl.O.P. Nos.26475 and 26594 of 2025 (Rambhad) is an Occupier in the Heavy Vehicles Factory which is a unit of Armoured Vehicles Nigam Ltd., the petitioner in Crl.O.P.Nos.26438 and 26504 of 2025 (Jay Prakash Singh) is a Manager in the same organisation.
2.2. On 23.08.2023 at 10.00 a.m., on a joint inspection made by the Joint D
Prosecution of Central Government employees in factories requires prior sanction under Section 197 Cr.P.C.
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.
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....
The court established that for public servants to be prosecuted under Section 197 Cr.P.C., a reasonable connection between their actions and official duties must exist; mere supervisory oversight doe....
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....
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