- (1.) By the instant three Revisional Applications, being Nos. 1512, 1513 and 1514 of 1989, under Section 401, read with Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code), the two petitioners-accused (hereinafter referred to as accused) have prayed the Court for setting aside the orders dated 5-6-1989 passed by the Judicial Magistrate, First Class, Third Court, at Barrackpore, District 24 Parganas (North), in Case Nos. C-157, C-158 and C-159 of 1979 before him, and for quashing of the aforesaid three Criminal Proceedings on the grounds set forth therein.
(2.) The accused No. 1, J. Sengupta alias Jahar Sengupta and accused No. 2, Satya Gopal Saha, have been prosecuted in Case No. C-157 of 1979, as occupier and Manager respectively of Chloride India Limited, 91, New Chord Road, Post Office, Athpur, District 24 Parganas by the Complainant-Opposite Party No. 2 for having allegedly failed to display on 8-12-1978 at any conspicuous and convenient place at or near the main entrance of the aforesaid Factory a Notice of the periods of work for adults in the prescribed form in contravention of Sections 61 and 108 of the Factories Act, 1948, read with Rule 82 of the West Bengal Factories Rules, 1958, and thereby committing offence punishable under Section 92 of the Factories Act, 1948 (hereinafter referred to as Act). In Case No. C-158 of 1979 the aforesaid two accused persons in their aforesaid capacities in respect of the aforesaid Factory have been prosecuted by the aforesaid complainant on the allegation that on the same very day, 8-12-1978, certain parts of the transmission machinery of the machines stated in the petition of complaint, which were in motion and in use, were not fenced by Safe Guard although they were neither in such position nor of such construction as to be safe to every person employed in the factory as they would be if they were securely fenced, in contravention of Section 21 of the aforesaid Act, and thereby committing offence punishable under Section 92 of the Act. And, in Case No. C-159 of 1979 the aforesaid two accused persons in their aforesaid capacities in respect of the aforesaid Factory have been prosecuted by the aforesaid complainant on the allegation that on the same day, 8-12-1978, six persons, named in the petition of complaint, who were found employed in lead process were not examined by the Certifying Surgeon at such interval as prescribed by Para 15 of the Schedule III to Rule 94 of the West Bengal Factories Rules of 1958, in contravention thereof, and thereby committing offence punishable under Section 92 of the aforesaid Act.
(3.) All the aforesaid offences are punishable with imprisonment up to two years or fine up to Rs. 2 lakhs. The learned Magistrate concerned had taken cognizance of the offences in the aforesaid three relevant Cases on 6-3-1979, but the same have not been disposed of as yet.;