Karnataka High Court
Sri Sachin B Rathod vs The State Of Karnataka on 2 December, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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CRL.P No. 103875 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 103875 OF 2022 (482-)
BETWEEN:
1. SRI SACHIN B RATHOD
AGED ABOUT 56 YEARS
OCC OCCUPIER
R/O M/S METALS AND STEELS PVT LTD
SY NO 11,12,14/1 TO 14/5
HIREKASANKANDI VILLAGE
HIREBAGNAL
KOPPAL TALUKA
DIST KOPPAL PIN 582114
2. SRI VISHAL JAIN
AGED ABOUT 58 YEARS
OCC MANAGER
R/O M/S M S METALS AND STEELS PVT LTD
SY NO 11,12, 14/1 TO 14/5 HIREKASANKANDI VILLAGE
HIREBAGNAL KOPPAL TALUKA
DIST KOPPAL PIN 582114
...PETITIONERS
(BY SRI. ANAND R KOLLI.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA THROUGH AT THE
INSTANCE OF SRI KRISHNAPPA K S
SR ASSISTANT DIRECTOR OF FACTORIES BALLARI
DIVISION (AN INSPECTOR APPOINTED UNDER SECTION
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CRL.P No. 103875 of 2022
8(1) OF THE FACTORIES ACT 1948)
NO 4(C) PUPIL TREE SCHOOL ROAD
NEAR HOTEL POLA PARADISE
CONTONMENT BALLARI
PIN 583104
...RESPONDENT
(BY SRI.V.S.KALASURMATH., HCGP)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE IMPUGNED REGISTRATION OF PRIVATE
COMPLAINT IN CC NO. 256/2017 FOR AN OFFENCE PUNISHABLE
U/S 92 OF FACTORIES ACT,1948 FILED BY THE RESPONDENT
PENDING ON THE FILE OF CIVIL JUDGE AND JMFC KOPPAL AT
KOPPAL. IA NO.01/2021 FOR STAY. IA 1/2022 IS FILED U/S 482 OF
CR.P.C., SEEKING TO STAY THE OPERATION AND FURTHER
PROCEEDINGS CONSEQUENTLY, FURTHER INVESTIGATION IN
CONNECTION CC NO. 256/2017 FOR THE ALLEGED OFFENCE
PUNISHABLE U/S 92 OF FACTORY'S ACT, 1948 PENDING ON THE
FILE OF CIVIL JUDGE AND JMFC KOPPAL AT KOPPAL.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. A private complaint was filed under Section 200 of Cr.P.C. for the offence punishable under Section 92 of the Factories Act, 1948 alleging that one of the employee succumbed to the accidental injuries during the course of his employment in the factory belonging to the petitioners- accused and said accident was caused due to the negligence on the part of the petitioners-accused. Taking exception to the same, this petition is field.
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2. Heard the learned counsel for the petitioners and the learned HCGP for the respondent-State.
3. Factory Inspector had issued notice calling upon the petitioners to show cause as to why action should not be initiated for the contravention of the provision of the Factories Act, 1948. The petitioners suitably replied to the said show cause notice. However, Factory Inspector without passing an order lodged the private complaint thus depriving an opportunity to the petitioners to file an appeal under Section 107 of the Factories Act, 1948.
4. A co-ordinate Bench of this Court in Crl.P No.2570/2021 and connected matter has held that though there is no provision under the Factories Act that the Authorities concerned should pass an order to the reply submitted by the occupier or the Factory Manager, principles of natural justice require such an order to be passed, or otherwise the purpose of giving right to the occupier or the Factory Manager to prefer an appeal under Section 107 of Factories Act becomes redundant. In the instant case, the respondent having issued the show cause notice and the accused having -4- CRL.P No. 103875 of 2022 submitted the reply to the said show cause notice, it was incumbent on the respondent to consider and pass appropriate order so as to enable the petitioners - accused Nos. 1 and 2 to file an appeal as specified under Section 107 of the Factories Act.
5. For the foregoing discussion, continuation of criminal proceeding against the petitioners will be an abuse of process of law. Accordingly, I pass the following:
ORDER
i) The criminal petition is allowed.
ii) The impugned proceeding in CC No.256/2017 pending on the file of the Civil Judge and JMFC, Koppal is hereby quashed.
Sd/-
JUDGE VB List No.: 1 Sl No.: 73