IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Miscellaneous Petition No. 1496 of 2011
--1.Nigam Chander Bahl s/o Late (Dr.)Mongat Rai Bahl,
working for gain as Director-cum-Chief Employer,
M/s. Electrosteel Steels Limited, Siyaljori, Chandankyari,
PO & PS Chandankyari, Dist. Bokaro resident of
G.K.Towers, 19, Camal Street, PO & PS Park Street,
Kolkata – 700017. (W.B.)
2.D. P. Banerjee @ Durga Prasad Banerjee son of
Late Satya Prasad Banerjee working for gain as
Manager, M/s. Electrosteel Steels Limited, Siyaljori,
Chandankyari, PO & PS Chandankyari, Dist. Bokaro
R/o Plot No. 102, Co-operative Colony, PO & PS
Bokaro, Dist. Bokaro (Jharkhand)
…
…
Petitioner
Versus
1.The State of Jharkhand
2.Vinay Kumar son of not known to the petitioners,
working for gain as Factory Inspector having its office
at Bokaro Anchal No. 1, PO & PS Bokaro Steel City,
Dist. Bokaro
…
…
Opposite Parties
--CORAM
: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
--For the Petitioner
: Mr. Indrajit Sinha, Advocate
For the Opposite Parties : Mr. Hardeo Prasad Singh, A.P.P.
--6/21.02.2015
Heard Mr. Indrajit Sinha, learned counsel for the petitioner and
Mr. Hardeo Prasad Sinha, learned counsel for the State.
The learned counsel for the petitioner is permitted to delete the
name of the opposite party no. 2 from the cause title so as to include
only the designation of the opposite party no. 2.
Learned counsel for the petitioner has submitted that the learned
Chief Judicial Magistrate wholly and mechanically without applying his
judicial mind was pleased to take cognizance for the offence under
Section 92 of the Factories Act which was instituted for violation of
Section 33 of the Factories Act. It has been submitted by the learned
counsel for the petitioner that in view of the definition of a 'factory' as
envisaged under Section 2 (m) of the Factories Act as also in view of
the definition of 'manufacturing process' under Section 2 (k) of the
Factories Act a factory under construction, is not a factory within the
meaning of Section 2 (m) of the Factories Act.
It has also been
submitted that so far as the Section 33 of the Factories Act is
-2concerned, the same does include any construction which is made
overhead and in such circumstances, cognizance should not have
been taken for the offences punishable under Sections 92 of the
Factories Act.
The learned counsel for the opposite parties is directed to take
instruction and file a counter affidavit within a period of 3 weeks from
today.
List this case on 26.03.2015.
By that time, counter affidavit as directed be filed by the opposite
parties.
Until further orders, proceedings in connection with Factory Case
No. 1 of 2011 pending before the Judicial Magistrate 1st class, Bokaro
is ordered to be stayed.
Let the name of Mr. Hardeo Prasad Singh, learned counsel on
behalf of the opposite parties be printed in the cause list.
(Rongon Mukhopadhyay, J)
R. Shekhar Cp 3