- (1.) THIS application has been field for quashing the entire criminal proceeding initiated against the petitioners in connection with C2 Case No. 470 of 2013 including the order dated 07.10.2013 passed by Judicial Magistrate, Ist Class, Jamshedpur , whereby and where under he took cognizance of the offence under Sub -section 2(C) of Section 7(A) of the Factories Act, 1948.
(2.) IT appears that a complaint filed in the court of Chief Judicial Magistrate,Jamshedpur on 07.10.2013 against the petitioners alleging there in that on 26.06.2013, the deceased -worker was passing through fabrication yard and in course of that he got himself pressed under a Double Cone Valve, which resulted to his death. Petitioners arraigned in this case being the occupier and manager of M/s Tata Steel Limited. It appears that after receiving said complaint, the learned court below took cognizance of the offence under Sub -section 2(C) of Section 7(A) of the Factories Act, 1948 against the petitioners.
(3.) IT is submitted by Mr. Indrajit Sinha, learned counsel appearing for the petitioners, that from the perusal of impugned order , it is clear that the learned Judicial Magistrate, Jamshedpur has not applied his judicial mind on the material available before him and took cognizance under Sub -section 2(C) of Section 7(A) of the Factories Act. Shri Sinha submitted that Sub -section 2(C) of Section 7(A) of the Factories Act, 1948 is not a penal section, rather it prescribes general duties of the management for safety of the workers. This shows that learned Judicial Magistrate has not applied his judicial mind on the facts of the case. He submitted that learned Judicial Magistrate took cognizance merely by filling blank space in the the order -sheet. Having heard the submissions, I have gone through the records of the case.;