JUDGMENT

Vivek Rusia, J. - This petition has been referred to the Division Bench by the Hon'ble Chief Justice for answering the following question of law:

' Whether judgment/order pronounced in respect of a complaint governing provisions of Factories Act and Rules prohibit separate trial in respect of offences under the Indian Penal Code in view of section 300 Cr.P.C and Article 20(2) of the Constitution of India?'

Necessary facts of the case which led to this reference case are as under:

2. On 30.04.2012 an explosion took place in the boiler of the factory belonging to the petitioner viz. Dhanlaxmi Starch Products, situated at 113, 114, 117, Sector-F, Saver Road, Indore. The factory is registered under section 2(m)(i) of the Factories Act, 1948 (hereinafter referred to as ' the Act of 1948' ) and engaged in the production of starch products. In the said explosion workers Omprakash, Ramesh and Gyanchand sustained burn injuries and during treatment Omprakash succumbed to the burn injuries on 05.05.2012. On account of the death of Omprakash, a criminal case under section 174 Cr.P.C (Marg No.64/12) was registered on 05.05.2012 and a Marg enquiry was conducted. After the enquiry, an FIR