IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.02.2024 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.18356 of 2022 and C rl.M.P.No.12121 of 2022

1. S.Hali Huzain, Son of A.M.Sayed, Aged about 62 years, Managing Director, M/s.Bismi Fisheries Pvt. Ltd., R.S.No.738/1B, Thoduvai Main Road, Kuzhaiyar Post, Tirumulai Vasal Village, Sirgazhi Taluk Mayiladuthurai District – 609 113.

2. Karunai Rao, Son of A.Krishnamoorthy, Aged about 51 years, Manager, M/s.Bismi Fisheries Pvt. Ltd., R.S.No.738/1B, Thoduvai Main Road, Kuzhaiyar Post, Tirumulai Vasal Village, Sirgazhi Taluk Mayiladuthurai District – 609 113. ... Petitioners Vs.

The Government of Tamil Nadu Represented by Deputy Director Industrial Safety and Health, Tiruvarur. ... Respondent Prayer: The Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in the private complaint lodged by the respondent herein in C.C.No.598 of 2022 on the file of the Chief Judicial Magistrate, Nagapattinam, dated 10.05.2022 and to quash the same as abuse of process of law.

For Petitioners : Mr.V.Raghavachari, Senior counsel For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to call for the records in C.C.No.598 of 2022 pending on the file of the Chief Judicial Magistrate, Nagappattinam.

2. Based on the complaint given by the second respondent, a case was registered in Crime No.98 of 2022 for the offence punishable under Sections 337 and 304(A) of IPC against the petitioners along with another one. Further, the respondent had preferred a complaint under Section 41 read with Rule 61E and 61F, Schedule 7(A)(1)(2) of the Factories Act, 1948 and Tamil Nadu Factories Rule, 1950. (ii) Under Section

21(1)(iv)(a)(b), 6(1)(a) and 6(1)(b) read with Rule 3(1)(2) of the Factories Act and Rules and (iii) Section 25 and 26 of Inter-state Migrant Workmen Act, 1979 and the same was taken on file in C.C.No.598 of 2022.

3. According to the defacto complainant, on 20.02.2022 an accident had taken place in the factory when the 3 TON boiler burst, causing two lives and injuring another labours and another employees. At that time, the petitioners have failed to maintain the boiler without any safety valves due to which, the boiler was burst. After came to know about the said accident, the concerned officials have inspected the premises of the factory and found that the above offences committed by the accused concerned, Therefore, the respondent has issued notice to the petitioners on 07.03.2022 mentioned about the illegality committed by the Factory concerned. For that reply was given by the petitioners/accused on 10.03.2022, stated that they have followed the procedure and safety valves in the said factory in spite of the accident was happened.

4. The learned senior counsel appearing for the petitioners submitted that the respondent has made false allegations against the petitioners regarding operation of boiler above revoking pressure and non maintenance of safety valves. To substantiate this claim, the respondent had not produced any material before the criminal Court. Therefore, a notice should not have been issued under Section 41 of the Factories Act. He further submitted that the investigation report dated 19.04.2022 from the Directorate of Boilers on the cause of the accident had not been furnished. He further submitted that the petitioners have given reply and the same was not considered by the respondent. He further submitted that there was no opportunity given to the petitioners and the proceedings initiated by the respondent as such is erroneous one and liable to be quashed. He further submitted that he relied the order passed by this Court in Crl.O.P.No.20348 of 2022 dated 30.08.2022.

5. By way of reply, the learned Government Advocate (Crl.Side)

submitted that after the said accident, the Inspection was conducted and show cause notice was issued to the petitioners and reply was given. He further s