- (1.) By the present revision application under Section 397/401 read with Section 482 of the Code of Criminal Procedure, the petitioner has sought quashing of the proceedings of Case No. C-1013 of 2003 under Section 92 of the Factories Act, 1948 (in short the Act) pending before the learned Chief Judicial Magistrate, Howrah.
(2.) The facts leading to filing of the instant revision application may briefly be stated thus :- The petitioner is the manager of the factory of M/s. Harbanslal Malhotra & Sons Pvt. Ltd. situated at 40, Belur Station Road, Belur Math, Police Station Bally, District : Howrah. It has been alleged by the petitioner that on 28th May, 2003 at about 15-00 hours an accident took place in the factory premises due to mishandling/negligent handling of a drum of digreasing solvent by one of the workers namely Joy Prakash Das. As a result thereof Bhola Sharma (since deceased), Joy Prakash Das and Kashi Nath Porel sustained burn injuries. The said persons were immediately taken by the factory management for treatment to the ambulance room situated within the factory premises and they were given first aid. Thereafter all the injured persons were taken to Uttarpara Government Hospital. As the injuries of Bhola Sharma were found, to be serious in nature, he was again transferred to SSKM Hospital, Calcutta for better treatment. Despite the best efforts of the doctors and the factory management Bhola Sharma succumbed to his injuries on 26th May, 2003 at about 22-30 hours. It has been further alleged by the petitioner that immediately on the next working day i.e. 29th May, 2003 the factory management sent information about the accident and injury suffered by Bhola Sharma to the Directorate of Factories, West Bengal by giving notice in Form No.18 as provided under the West Bengal Factories Rules, 1958 (in short the Rules) in compliance with the provisions of Rule 95 of the said Rules. Further case of the petitioner is that subsequently on 30th May, 2003 the petitioner sent notice in Form No. 18 as provided under the Rules to the Directorate of Factories, Government of West Bengal informing the latter about the injuries suffered by Joy Prakash Das and Kashi Nath Porel as it was found that the said workmen would not be able to resume their work within a period of 20 days from the date of the said accident.
(3.) It is the grievance of the petitioner that despite compliance with all the requirements under the statute the opposite party who is the Inspector of Factories, West Bengal filed the petition of complaint before the learned Chief Judicial Magistrate, Howrah alleging that the petitioner committed an offence punishable under Section 92 of the Act for contravention of the provisions of Rule 95 of the Rules. Thereupon by his order dated 22nd August, 2003 the learned Chief Judicial Magistrate, Howrah took cognizance of the offence on the compliant, found prima facie case under Section 92 of the Act against the petitioner accused and issued summons accordingly.;