Present criminal revision under Section 397 r/w. Section 401 of

Cr.P.C has been filed being aggrieved by the order dated 19.04.2023

passed by Fourth Additional Sessions Judge, Guna (M.P.) in Cr.A.

No.110/2019 affirming the judgment dated 26.04.2019 passed in RCT

No.995/2012 by Chief Judicial Magistrate Guna (M.P.) convicting the

petitioner for the offence punishable under Section 50 for violation of

provision of Section 39 of “The Building and Other Construction

Workers (Regulation of Employment and Conditions of Service) Act,

1996 (hereinafter referred to as “the Act”) r/w. Rule 210 of the “M.P.

Building and Other Construction Workers (Regulation of Employment

and Conditions of Service) Rules, 2002 (hereinafter referred to as “the

Rules”) and imposed with fine of Rs.1,000/-, under Section 47 for

violation of provision of Section 39 of the Act r/w. Rule 49 and imposed

with fine of Rs.1,000/-, under Section 48 for violation of provision of

Section 46 of the Act, and also imposed with fine of Rs.1,000/- with

default stipulations.

2.

The facts in brief to decide the present revision are that on

14.02.2012 the wall of under construction - Yash Ware Housing

Corporation A.B. Road, Bilonia Guna fell down while plastering, in

which six workers were buried and died. The proprietor of said accident

site is petitioner/accused - Rajesh Agarwal and the construction work

was being done through the contractor accused - Munnalal Jatav. The

site of the said accident was inspected on 19.02.2012, the statements of

alive labourers were recorded, Panchnama and photographs of accident

site were prepared.

3. Thereafter, a notice was issued to accused proprietor Rajesh

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Agrawal and contractor Munnalal Jatav. A copy of the notice was also

forwarded to the Chief Inspector and Labour Commissioner,

Government of Madhya Pradesh, Indore. On the basis of said notice,

Chief Inspector and Labour Commissioner, Government of M.P. by

taking cognizance of the said crime, issued a show cause notice to

accused persons on 20.03.2012. As per the relevant Rules of 2002,

alleging that the first aid box and medicines were not kept at the

construction site and safety shoes, helmets were not provided to the

labourers working, nor it was ensured that the labourers at the

workplace wear safety shoes and helmet while working and also it was

not ensured that while making the wall it was stable without any

support.

4.

After grant of sanction for prosecution, a complaint under

aforementioned sections was filed before the learned Chief Judicial

Magistrate, Guna. The learned C.J.M., Guna framed the charges and

after recording of evidence available on record vide judgment dated

26/04/2019 passed in R.C.T. No.995/2012 convicted the petitioner as

described in para-1 of this order.

5.

Being aggrieved, the petitioner filed an appeal bearing Cr.A.

No.110/2019 before the learned Fourth Additional Sessions Judge Guna,

(M.P.). The learned appellate Court after hearing learned counsel for the

rival parties vide impugned judgment dated 19/04/2023 affirmed the

judgment dated 26/04/2019 passed by the trial Court, against which, the

present revision is filed.

6. Learned counsel for the petitioner argued that the impugned

orders passed by courts below are perverse, illegal and against the

settled principles of law, hence, the same is liable to be quashed. It is

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further argued that both the courts below have committed serious error

while taking the cognizance of offence in the complaint dated,

05.06.2012 (Annexure A/4) which is barred by limitation u/S.55 of the

Act. It is further argued that both the courts below have committed

serious error in ignoring the admission and documents on record and not

dealing with Exh.D-1 which palpably shows that the Labour

Commissioner/Chief Inspector was having knowledge of the alleged

offence from 21.02.2012 in terms of Section 55 of the Act and,

therefore, the written complaint u/S.54 of the Act could not have been