- (1.) This application has been filed for quashing the order of cognizance dated 2.7.2007 passed by Chief Judicial Magistrate, Jamshedpur, whereby he took cognizance of the offence under Section 92 of the Factories Act.
(2.) It is submitted by learned counsel for petitioner that in the complaint petition itself, it is mentioned that Dr. T. Mukherjee was the occupier, whereas Manager of the Factory was Vice President, Shri Om Narayan. It is submitted that petitioner is neither occupier, nor manager, but he has been made accused in this case on the basis of some direction received from State of Jharkhand vide letter No. 2/FA-50-13/07-1067 Ranchi dated 25.06.2007. It is further submitted that from perusal of letter of the State of Jharkhand, it appears that petitioner is employer of M/s Tarapore and Company, Jamshedpur which shows that petitioner has no concern with factory of TISCO(M/s Tata Steel Limited). Accordingly, it is submitted that order taking cognizance against petitioner is an abuse of the process of Court. On behalf of State, Sri A.B. Mahto appears. On query, he was not able to show anything as to why petitioner has been made an accused. It appears that brief is also not available with him. Under the said circumstance, I am constrained to say that I have not been properly assisted by State of Jharkhand.
(3.) As per Section 92 of the Factories Act, only occupier and manager of the factory can be prosecuted for contravention of any provisions of the Factories Act. Admittedly, occurrence took place inside the factory of TISCO (M/s Tata Steel Limited). Annexure-1 to the supplementary-affidavit shows that petitioner has no concern with M/sTata Steel Limited, rather he is employer of M/s Tarapore and Company. Under the said circumstance, I find that petitioner is not the occupier and/or manager of the factory. Thus I find that order by which cognizance was taken against petitioner is an abuse of the process of Court, hence said order cannot be sustained. Accordingly, I allow this application and quash the order dated 02.07.2007 pending in the court of Sri K.K. Prasad, learned Judicial Magistrate, Jamshedpur so far it relate to petitioner. Accordingly, I allow this application.;