Non-compliance with statutory inspection requirements can invalidate complaints under the Factories Act-1948.

S.C. Sharma, J.

1. Regard being had to the similar controversy involved in above cases, they have been heard analogously together with the consent of the parties and a common order is being passed in the matter.

Facts of M.Cr.C. Case No.1916/2014 are narrated as under:-

2. The petitioner before this Court has filed this present petition under Section 482 for quashment of proceedings initiated by respondent-State of MP through Factory Inspector. The facts of the case reveal that on the basis of complaint preferred under the Factories Act-1948, a criminal case has been registered against the petitioner who is the Managing Director of the Company.

3. The facts of the case reveal that the workman namely Devendra Prajapathi on 09/01/2011 met with an accident and received injury on his two fingers, however, his little finger was amputated and in those circumstances, inspection was carried out by the Factory Inspector on 17/01/2011. He has thereafter, filed a complaint for initiating action against the petitioner for violation of Factories Act 1948.

4. The sole ground raised by learned Counsel Ms. Kirthi Patwardhan is that the Factory Inspector has not inspected the factory with assistants or with experts as required under Section 9A of the Act of 1948. There is no dispute that the Factory Inspector has inspected the factory after the incident all alone. Learned Counsel has placed reliance upon a judgment delivered by this Court in the case of H.K. Kala v. State of M.P. reported in MPLJ 2008-3-526. This Court in paragraph 2 & 3 of the aforesaid judgment has held as under:-

2. The facts in brief necessary for disposal of the present petition are that the petitioner No.1 is working as the Chief Workshop Manager and petitioner No.2 is working as the Deputy Chief Mechanical Engineer, are the occupiers within the definition of the Act. The Rail Spring Factory, Sitholi has a Deep Paint Plant located at Sitholi, Gwalior and on 5.4.2002 a small explosion took place in the Deep Paint Plant. The Factory Inspector was appointed under the provisions of Section 8 of the Act who inspected the factory and submitted his report. On the basis of his report, a prosecution was initiated under Section 92 of the Act. The petitioners submitted an objection regarding maintainability of the complaint and it was stated by the petitioners that the Factory Inspector has violated the provisions of the Act and, therefore, the petitioners cannot be prosecuted. It is also argued on behalf of the petitioners before this Court that the factory in question is under the control of the Union of India and the petitioners are the senior officers working under the Union of India. It has been further stated that because of the incident in question, which took place on account of explosion in the factory neither any casualty has taken place nor any injury has been caused to any workman as it was a simple and small explosion occurred in the Deep Paint Plant.

Chapter 2 of the Act deals with inspecting spot which includes the Inspector also. Section 9 of the act read as under:

9. Powers of Inspectors - Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is appointed (a) enter, with such assistants, being persons in the service of the Government, or any local or other public authority, (or with an expert) as he thinks fit, any place which is used, or which he has reason to believe is used, as a factory; (b) make examination of the premises, plant, machinery, article or substance; (c) inquire into any accident or dangerous occurrence, whether resulting in bodily injury, disability or not, and take on the spot or otherwise statements of any person which he may consider necessary for such inquiry; (d) require the production of any prescribed registered or any other document relating to the factory; (e) seize or take copies of, any register, record or other document or any portion thereof as he may consider necessary in respect of any offe