P K SARAF Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. This application is directed against the order dated 24.05.1999 passed in C/2 Case No. 985 of 1998 whereby and whereunder the application for discharge of the petitioner from the accusation punishable under Section 92 of the Factories Act, was rejected.

(2.) It appears that the Opp. Party No. 2 filed a complaint case bearing C/2 Case No. 985 of 1998 before the learned Judicial Magistrate, 1st Class. Jamshedpur, alleging therein that in spite of the direction being given to M/s Incab Industries Limited, for employing three Safety Officers, the Manager/Occupier of the Management, did not comply with that order and as such, the Occupier/Manager of the Management committed offence under Section 92 of the Factories Act, for contravening the provision of Section 40(B) of the Factories Act.

(3.) Learned counsel appearing for the petitioner submits that the allegation what has been made by the complainant pertains to year 1988 to 1994 whereas the said M/s Incab Industries Limited got closed in the year 1994. Thereupon, Company Law Board declared M/s Incab Industries Limited as a sick Industry.