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1987 Supreme(All) 505

S.K.DHAON, D.S.SINHA
Y. P. MEHROTRA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
JAI PRAKASH PANDEY, V.S.SAXENA

S. K. DHAON, J.

( 1 ) THE petitioners, who are the employees of the Synthetics and Chemicals Limited, Bareilly (hereinafter referred to as the Company), have approached this Court under Article 226 of the constitution with the prayers that the proceedings in a certain criminal case pending in a Lower criminal Court may be quashed and the State of Uttar Pradesh may be directed not to launch any criminal proceedings under the normal law of the land but only under the provisions of the factories Act in connection with the death of one of the employees of the Company.

( 2 ) THE material averments are these. On or before 28th January, 1987, one Puran Singh was working in the Trade Waste Area of the Companys rubber plant. On the said date he was found dead at the top of the Trade Waste Area cable. The petitioner No. 1, Sri Y. P. Mehrotra, in his capacity as an officiating Factory Manager sent telegrams to the District Magistrate, Bareilly, to the Assistant Director of Factories, Bareilly and to the Director of Factories, Uttar Pradesh, kanpur, informing them of the death of Puran Singh. information was also sent by the petitioner no. 1 to the Station Officer Incharge P. S. Fatehganj West













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