PRASHANT KUMAR,J. - (1.) THIS application has been filed for quashing order dated December 3,1999 passed by learned Chief Judicial Magistrate, Dhanbad in F.A. Case No. 656/1999, whereby he took cognizance under Section 92 of Factories Act against the petitioner.
(2.) IT appears that Factory Inspector Dhanbad made inspection of Loyabad, Cooking Bye-Products Recovery Plant, Loyabad, and thereafter filed a complaint alleging therein that on the date of inspection more than 170 female workers were working in one shift, but no proper creche provided in factory premises, which is violative of the provisions of Section 48 of the Factories Act and Rule 73 to 76 of Bihar Factory Rules 1950. It appears that said complaint received in the Court of learned Chief Judicial Magistrate on December 3, 1999 and on the same day he took cognizance of the offence under Section 92 of the Factories Act.
(3.) IT is submitted by Sri A.K. Mehta, learned counsel for the petitioner that petitioner being a director of the company can not be prosecuted under Section 92 of the Factories Act, because he is not occupier within the meaning of Section 2(n) of the Factories Act. It is submitted that the person who manage the affairs of factory is occupier, therefore, he can only be prosecuted under Section 92 of the Factories Act. It is submitted that petitioner had not been appointed by Central Government as occupier of the factory, therefore order taking cognizance is bad. It is further submitted that order taking cognizance is also violative of Section ' 06 of Factories Act.;