COMMON ORDER

Crl.O.P.No.2358 of 2016 had been filed under Section 482 Cr.P.C seeking to call for the records in C.C.No.448 of 2014 now pending on the file of the Chief Judicial Magistrate, Chengalpet and to quash the same.

2.Crl.O.P.No.2359 of 2016 had been filed under Section 482 of Cr.P.C seeking to call for the records in C.C.No.450 of 2014 now pending on the file of the Chief Judicial Magistrate, Chengalpet and to quash the same.

3.The petitioner and the respondent in both the petitions are same.

Arguments were advanced with respect to both the petitions. Issues were similar. Therefore, one common order is passed.

4.The petitioner is the occupier of Danfoss Industries Private Limited at SIPCOT Industrial Growth Centre in Sriperumbudur Taluk, Kancheepuram District. The respondent is the Deputy Director, Industrial Safety and Health, Sriperumbudur, Kancheepuram District. In C.C.No.448 of 2014, the respondent had given a complaint that the petitioner had violated Section 2(cb) Schedule 1 item 29 Section 7A, Section 41B and Rule 62B, Section 2(cb) Schedule I item 29 and Section 7A Section 41 B4, Section 2(cb) Schedule I item 29 and Section 7A Section 41B(1)(3) of the Factories Act, 1948. In C.C.No.450 of 2014, a complaint had been lodged that the petitioner had violated Section 41(A) Rule 61(M) of the Factories Act, 1948.

5.Danfoss Industries Private Limited has had a manufacturing process from 2007, manufacturing Pressure Control Switches, Filter dyers and Industrial Refrigeration Valves. All these three products are Electro- mechanical products. The company had an approved plan and licence had been granted for the factory. It was categorized as danger industry under Section 87 of the Factories Act, 1948 r/w Rule 9 of the Tamil Nadu Factory Rules.

6.In June 2014, the factory was shifted to SIPCOT Industrial Growth Centre, Oragadam. The Pollution Control Board given approval for manufacturing process on 08.09.2014. The respondent / Deputy Director, Industrial Safety and Health in Sriperumbudur, granted approval by proceedings dated 17.07.2014. The manufacturing activity can possibly commence only after 08.09.2014. For manufacturing Electro-mechanical products, the petitioner stores Helium Gas Cylinders which are used for heating of Filter Dyers. The Pollution Control Broad had categorized the petitioner as Red Large Category. There was also a paint shop in the factory.

7.On 31.07.2014 even before manufacturing activities had commenced, the respondent inspected the premises. A show cause notice was issued on 14.08.2014. A reply was given to the show cause notice. Even before examining whether compliances had been made, the respondent filed a complaint before the Chief Judicial Magistrate, Chengalpet, which was taken cognizance as C.C.No.448 of 2014 for offences under Section 2(cb) Schedule 1 Item 29 Section 7A, Section 41B and Rule 62B, Section 2(cb) Schedule I item 29 and Section 7A Section 41 B4, Section 2(cb) Schedule I item 29 and Section 7A Section 41B(1)(3) of the Factories Act, 1948. A further complaint was also lodged, which was taken cognizance as C.C.No.450 of 2014 for offences under Section 41(A) Rule 61(M) of the Factories Act, 1948.

8.Heard arguments advanced by Mr.Anand Gopalan, learned counsel for the petitioner and Mr.E.Raj Thilak, learned Additional Public Prosecutor for the respondent.

9.It is the contention of Mr.Anand Gopalan learned counsel for the petitioner that the respondent had alleged that the petitioner's factory falls under Section 2(cb) and under Schedule I of the Item 29 of the Factories Act, 1948. That particular provision relates to manufacture of Highly Flammable Liquids and Gases like Petroleum Industries. The petitioner on the other hand manufactures, Pressure Control Switches, Filter Dyers and Industrial Refrigeration Valves. For that purpose, they use Helium Gas and the cylinders are stored in a separate room. There is also a paint shop. It is therefore contented that the very categorization of the