VIJAY PAREKH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been referred to the Division Bench by the Hon'ble Chief Justice for answering the following question of law:

(2.) On 30.04.2012 an explosion took place in the boiler of the factory belonging to the petitioner viz. Dhanlaxmi Starch Products, situated at 113, 114, 117, Sector-F, Saver Road, Indore. The factory is registered under section 2(m)(i) of the Factories Act, 1948 (hereinafter referred to as 'the Act of 1948') and engaged in the production of starch products. In the said explosion workers Omprakash, Ramesh and Gyanchand sustained burn injuries and during treatment Omprakash succumbed to the burn injuries on 05.05.2012. On account of the death of Omprakash, a criminal case under section 174 Cr.P.C (Marg No.64/12) was registered on 05.05.2012 and a Marg enquiry was conducted. After the enquiry, an FIR (Crime No.606/12) for the offence punishable under sections 304-A & 287 of the IPC was registered against the petitioner on 05.07.2012. On 27.07.2012 after completing the investigation, final report was filed by the Police Station Banganga, Indore before the competent Court for the offence punishable under sections 304-A, 287 & 337 of the I.P.C.

(3.) Because of the aforesaid accident in the factory, a complaint case was also registered by the Factory Inspector for the offences punishable under section 92 of the Act of 1948 and after investigation Challan was filed before the Chief Judicial Magistrate, Indore. The matter came up before the Lok Adalat on 15.12.2012. In the Lok Adalat the petitioners admitted the commission of offence, therefore, they were convicted under section 88 of the Act of 1948 read with Rule 108 of the Factories Rules, 1950 and Rules 7, 7A, 72 & 73J of the Madhya Pradesh Factories Rules, 1962 (hereinafter referred to as 'the Rules of 1962') and sentenced them till rising of the Court with fine of Rs.45,000/- each and the case was closed.