The provisions of the Factories Act and the Rules framed thereunder did not oust the jurisdiction of the police to investigate an accident resulting in death under Section 304-A of the Indian Penal Code.

( 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. On 25th August, 1986, a charge-sheet was submitted to the Lower Criminal Court II, Bareilly, registering Case No. 978 of 1986 under section 304-A of the Indian Penal Code. On 9th December 1986, the Presiding Officer of the said Court took cognizance and on the same date summons were issued to the petitioners. The learned Court had fixed 1st October, 1987, for the appearance of the petitioners. Meanswhile, the petitioners have been enlarged on bail.

( 3 ) THE submission is that the agency mentioned in the Factories Act alone can investigate the case, a complaint can be filed only by a person authorised under that Act and the petitioners can be prosecuted only for violating the provisions of that Act. The provisions of the Indian Penal code cannot be invoked and, therefore, the normal investigating agency as envisaged under the code of Criminal Procedure cannot investigate the case. In a nut-shell the submission is based on the premise that the special provisions as contained in the Factories Act will override the general provisions under the Indian Penal Code etc.

( 4 ) SECTION 88 of the Factories Act, 1948 (hereinafter referred to as the Act) contains three sub-sections. Sub-section (1) provides: "where in any factory an accident occurs which causes death. . . . . . the manager of the factory shall send notice thereof to such authorities, in such form and within such time, as may be prescribed. " sub-section (2) provides : "where a notice given under Sub-section (1) relates to an accident causing death, the authority to whom the notice is sent shall make an inquiry into the occurrence within one month of the receipt of the notice or if any such authority is not the Inspector, cause the Inspector to make an enquiry within the said period". Sub-section (3) provides that the State Government may make Rules for regulating the procedure of inquiries under Section 88. Rule 110 of the U. P. Factories Rules (hereinafter referred to as the Rules) lays down that when any accident or occurrence specified in the schedule takes place in a factory, the manager of the factory shall forthwith send notice thereof by telephone, special messenger or telegram to the Chief Inspector of Factories and the Inspector of Factories of the region concerned and if the accident is fatal or of such serious nature that it is likely to prove fatal, notice in the like manner shall also be sent to the District Magistrate, or, if the District Magistrate has by general order so directed to the Sub-Divisional Officer and the officer-in-charge of the police station within the local limits of which the factory is situated. The rule enjoins that the manager of the factory shall confirm the notice within 12 hours of the occurrence by sending written report to the authorities in the prescri