Decided on January 15,1963

In Re Sanam Krishnamurthi Appellant
STATE Respondents


SHARFUDDIN AHMED,J. - (1.) This is a reference by the Sessions Judge, West Godavari, Eluru under Section 138 Cr.P.C. for setting aside the conviction and sentence passed by the Addl. Munisiff Magistrate, Eluru against the respondent herein under Section 92 of the Factories Act and Rule 3 (1) of the Section 6 of the said Act on the ground that no sanction of the Chief Inspector of Factories as required under the G.O. (Ex. D-1) has been obtained.
(2.) It appears that the respondent herein who was running flour mill called ; "Sri Bhaskara Rice and Flour Mill" in Eluru town was prosecuted by the Addl. Inspector of Factories for contravening certain provisions of the Factories Act, namely, that in place of thatched shed proposed in the plan, Zinc shed had been raised enclosed by walls. The complaint was that the construction was unauthorized and thus the provisions of Section 92 of the Factories Act and Rule 3 (1) of Section 6 of the Act has been contravened.
(3.) The respondent pleaded that the construction was not done by him and it had been built by his predecessor from whom he had purchased the Flour Mill. He also pleaded that the prosecution is invalid as the permission to prosecute had not been obtained. The learned Magistrate on a consideration of the evidence, found the accused-Respondent guilty and sentenced him to a fine of Rs. 50/-. On revision the learned Sessions Judge, came to the conclusion that the permission to lay a complaint has not been validly obtained and as such the Magistrate was not competent to take cognizance of the case. Accordingly he has made a reference to the High Court for setting aside the conviction.;

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