Prashant Kumar,J. - (1.) This application has been filed for quashing the order dated 20.12.2013, passed by learned Sub Divisional Judicial Magistrate, Bermo at Tenughat in C 3/13, whereby and where under, he took cognizance of the offences under Sections 92 and 96(A) of the Factories Act against the petitioner.
(2.) It appears that complainant, Factory Inspector Bokaro Circle No. 2, made inspection in the factory premises of the petitioner on 17.08.2013 and found certain irregularities, which are violative of Sections 41(C), 52, 53, 54, 59, 62 NH, 62 OH of the Factories Act, Rules 84 and 103 (A) of the Jharkhand Factories Rules. It further appears that after the said inspection, vide letter contained in memo No. 274 dated 23.08.2013, the Factory Inspector directed the petitioner to remove all the irregularities within seven days from the date of the said letter and inform him. It appears that thereafter present complaint filed by the complainant on 16.12.2013. On the basis of said complaint, the learned S.D.J.M. Vide order dated 20.12.2013 took cognizance of the offences stated above.
(3.) It is submitted by Sri Raj Nandan Sahay, learned counsel for the petitioner that the order by which the learned S.D.J.M. took cognizance of the offence is barred by law of limitation. It is submitted that Section 106 of the Factories Act put an embargo on the court from taking cognizance unless the complaint filed within three months from the date on which the commission of the offences came to the knowledge of an Inspector. It is submitted that since the offences enumerated in the complaint petition came to the knowledge of Inspector on 17.08.2013 and complaint filed on 16.12.2013 i.e. after three months, therefore the order of the court is illegal.;