Decided on April 13,1955

STATE Respondents


- (1.) THE Chief Inspector of Factories, U. P. , addressed a complaint to the Court of City Magistrate, agra, in August 1950, against Gopal Das Saksaria and Brij Mohan Jha for an offence under section 92, Factories Act, 1948. He sent the typed and signed complaint with a covering letter to the District Magistrate, Agra, requesting him to inform the Court concerned for further action and informing him that a copy of the complaint had also been sent to the City Magistrate, Agra, direct. The District Magistrate, Agra, forwarded this complaint to the Sub-Divisional Magistrate, firozabad, for trial on 1-9-1950. It is not known when this complaint reached the Sub-Divisional magistrate, Firozabad, but he appeals to have ordered the registering of the case and the issue of summons to the accused on 6-9-1950.
(2.) MEANWHILE an unsigned copy of the complaint was sent to the City Magistrate, Agra, direct by the Chief Inspector of Factories. The City Magistrate forwarded it to the Factory Magistrate for disposal on 28-8-1950. It is not known again when this reached the Sub-Divisional Magistrate firozabad. It was on 6-9-1950, that a case was registered on this complaint and the accused were ordered to be summoned for 28-9-1950. The summons was actually issued on 9-9-1950. This date has been wrongly read by Sri S. Goswamiji, who was the Sub-Divisional Magistrate, firozabad, as 1-9-1950,
(3.) OBJECTION was taken on behalf of the accused that the trial was bad in law as it was in contravention of Section 106, Factories Act, which is: "no Court" shall take cognizance of any offence punishable under this Act unless complaint thereof is made within three months of the date on which the alleged commission of the offence came to the knowledge of an Inspector: provided that where the offence consists of disobeying a written order made by an Inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed. ";

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