BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 25.02.2025 Pronounced on : 29.04.2025 CORAM:

THE HONOURABLE MR.JUSTICE P.VADAMALAI Crl.R.C(MD)Nos.245 and 288 of 2024 and Crl.M.P(MD)Nos.2747 and 3314 of 2024

1. C.R.Murali ... Petitioner in Crl.R.C(MD)No.245 of 2024

2. Sandeep Nelamangala ... Petitioner in Crl.R.C(MD)No.288 of 2024 Vs.

Assistant Director, Industrial Safety and Health, Dish, Tirunelveli. ... Respondent in both Crl.RCs PRAYER in Crl.R.C(MD)No.245 of 2024: This Criminal Revision Case has been filed under Sections 397 r/w 401 of Criminal Procedure Code, to call for the records and set aside the order passed in Crl.M.P.No.22084 of 2022 on 05.08.2023 by the Chief Judicial Magistrate, Tirunelveli and to discharge the petitioner in C.C.No.1966 of 2022 pending on the file of the Chief Judicial Magistrae, Tirunelveli.

PRAYER in Crl.R.C(MD)No.288 of 2024: This Criminal Revision Case has been filed under Sections 397 r/w 401 of Criminal Procedure Code, to call for the records and set aside the order passed in Crl.M.P.No.22083 of 2022 on 05.08.2023 by the Chief Judicial Magistrate, Tirunelveli and to discharge the petitioner in C.C.No.1963 of 2022 pending on the file of the Chief Judicial Magistrate, Tirunelveli.

For Petitioner : Mr.R.Anand for Mr.M.Soban in both Crl.RCs For Respondent : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side) in both Crl.RCs

COMMON ORDER

The Criminal Revision Case(MD)No.245 of 2024 is filed against the order of dismissal, dated 05.08.2023 passed in Crl.M.P.No.22084 of 2022 in C.C.No.1966 of 2022 on the file of the learned Chief Judicial Magistrate, Tirunelveli.

1.1. The Criminal Revision Case(MD)No.288 of 2024 is filed against the order of dismissal, dated 05.08.2023 passed in Crl.M.P.No.22083 of 2022 in C.C.No.1963 of 2022 on the file of the learned Chief Judicial Magistrate, Tirunelveli.

2.The brief facts of the case:

The petitioners in respective criminal revisions cases are the factory manager and occupier of the factory of Bosch Limited running at Plot No.B8 to B13, B15 and B16, SIPCOT Industrial Growth Centre, Gangaikondan, Tirunelveli. The respondent/complainant has filed the complaints U/s.41 Rule 61(E) of Factories Act, 1948 (Amended Act 1987 and Tamilnadu Factories Rules 1950) against the petitioners herein alleging that one Mrs.Ramya working as a permanent employee of the petitioners factory, had tried to clean the Fully Automatic Glue Stamping Machine on 08.02.2022 and due to its malfunctioning, she had sustained fracture in her right hand index finger and she took treatment, however, she could not fully fold or close her index finger after the incident. The complaints were taken on cognizance as C.C.Nos.1963 of 2022 and 1966 of 2022 against the respective petitioners.

2.1. At this stage, the petitioners have filed petitions U/s.245(2) of Cr.P.C. in Crl.M.P.No.22084 of 2022 in C.C.No.1966 of 2022 and Crl.M.P.No.22083 of 2022 in C.C.No.1963 of 2022 before the learned Chief Judicial Magistrate, Tirunelveli to discharge them from the complaints filed by the respondent u/s 41 Rule 61(E) of Factories Act,1948 (Amended Act 1987 and Tamilnadu Factories Rules 1950). The petitions were strongly objected by the respondent/complainant. After hearing both sides and after perusal of records, the trial court has dismissed the petitions by its common order, dated 05.08.2023, passed in Crl.M.P.Nos.22083 and 22084 of 2022.

3. Aggrieved by the said impugned order, the petitioners have come forward with these respective present criminal revision cases.

4. Heard the learned counsel appearing for the petitioners, the learned Government Advocate (Criminal Side) appearing for the respondent.

5. The learned counsel appearing for the revision petitioners has mainly submitted that the alleged accident took place on 08.02.2022 and immediately that was informed by the petitioners to the respondent on 10.02.2022 by filing Form No.18 under Rule 96 of Factories Rules, 1950 wherein under column 5(a) and 10(a) the