M.P.Saxena, J. - (1.) These are two criminal appeals, viz., 632 of 1977 and 679 of 1977, against the order dated 7-4- 1976 passed by the Judicial Magistrate Lucknow. Both these appeals have been filed by the State against Sarvasri B. R. Bhatia and Prem Bhatia.
(2.) The point in controversy is very brief. The Chief Inspector of Factories had filed two complaints against opposite parties under Section 92 of Factories Act, 1948. In one of them violation of Section 87 of the Factories Act, 1948 (hereinafter referred to as the Act) and Rule 109 of U. P, Factories Rules 1950 framed thereunder was alleged. It relates to Government Appeal No. 632 of 1977. In the other, violation of Provisions of Sections 20 and 25 of the Act was alleged. Criminal Appeal No. 679 of 1977 relates to it Knowledge of both the offences came to the notice of the Chief Inspector of Factories on 12-9-1975. He sent complaints in both the cases on 11-12-1975 which reached the court of the Judicial Magistrate-Lucknow on 12-12-1975.
(3.) The opposite parties put in appearance in both the cases and raised a preliminary objection that the complaints were barred by time because they were filed beyond the expiry of three months contemplated by Section 106 of the Act. This contention found favour with the learned Judicial Magistrate and holding the complaints as time barred he dismissed them. Hence these two appeals.;