Case Note & Summary
The revision petition was filed by a director of Hindustan Coca-Cola Beverages Pvt. Ltd., a company engaged in manufacturing beverages, seeking to quash criminal proceedings in C.C.No.684/2012 pending before the Civil Judge & JMFC, Koppal. The proceedings arose from a complaint filed by the Deputy Director of Factories under Section 200 of the Code of Criminal Procedure, 1973, alleging contravention of Rule 79-A(b) of the Karnataka Factories Rules, 1969, punishable under Section 92 of the Factories Act, 1948. The incident involved two contract workmen of M/s. COTMAC Pvt. Ltd., who, on 04.04.2012, went over a false ceiling in the factory without informing the factory manager, resulting in one workman falling and sustaining grievous injury. The company informed the police and later received a show-cause notice from the Factory Inspector. Despite submitting a reply, prosecution was launched against the petitioner as occupier and the factory manager. The magistrate issued summons on 02.07.2012, and though the petitioner was granted exemption from personal appearance under Section 205 Cr.P.C. on 03.08.2012, a non-bailable warrant was issued on 01.09.2012. The petitioner argued that he was not involved in day-to-day affairs, the complaint lacked specific allegations of vicarious liability, the company was not impleaded as an accused, no sanction under Section 105 of the Factories Act was obtained, and the magistrate failed to apply his mind while taking cognizance. The respondent defended the proceedings as properly initiated. The court heard arguments and reserved the order, but the available judgment text is incomplete, and the final decision, reasoning, and ratio are not captured. The legal issues raised include the scope of occupier liability under Section 2(n) of the Factories Act, the necessity of impleading the company, the requirement of prior sanction, and the validity of the magisterial order taking cognizance.
Issue of Consideration
Whether criminal proceedings against a director of a company for alleged contravention of Rule 79-A(b) of Karnataka Factories Rules, 1969 under Section 92 of the Factories Act, 1948 can proceed without the company being arraigned and without specific allegations of vicarious liability?
Case Details
2022 LawText (KAR) (07) 17
CRIMINAL REVISION PETITION NO. 2225/2012
Harsh Desai, Girija Hiremath
Mr. Patrick George Yadauga
The State of Karnataka at the instance of Sri. S.R. Ravindra, Deputy Director of Factories, Bellary Division, Bellary
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Nature of Litigation
Criminal revision petition against proceedings in a complaint case under Factories Act for alleged safety violation.
Remedy Sought
Petitioner (accused) sought to set aside entire proceedings in C.C.No.684/2012 pending before Civil Judge & JMFC, Koppal.
Filing Reason
Non-bailable warrant was issued despite earlier exemption from personal appearance, and the complaint lacked specific allegations and suffered from procedural defects such as absence of sanction and non-impleading of the company.
Issues
Whether the complaint and proceedings for offence under Section 92 of Factories Act against the director should be quashed for lack of specific allegations and vicarious liability, and whether the magistrate erred in taking cognizance without application of mind?
Submissions/Arguments
Petitioner: No specific allegation of vicarious liability; director not involved in day-to-day affairs; accident caused solely by negligence of contract workmen who acted without knowledge of factory manager; complaint mechanically filed without applying mind; no sanction under Section 105; company not impleaded as accused; proper procedure not followed; reliance on various precedents to support quashing.
Respondent: Learned magistrate rightly took cognizance; at this stage proceedings cannot be quashed; trial court followed proper procedure.
Judgment Excerpts
The company has absolutely no direct role in either allocation or control of workman Yaseen's work.
The petitioner was not present in the factory premises.
The complaint filed by the respondent without arraying the company as an accused is not maintainable.
The learned Magistrate failed to follow the procedure contemplated under law in issuing notice to the petitioner.
Procedural History
The respondent filed a complaint under Section 200 Cr.P.C. on 30.06.2012 before Civil Judge & JMFC, Koppal, alleging contravention of Rule 79-A(b) of Karnataka Factories Rules, 1969 punishable under Section 92 of Factories Act, 1948. The magistrate issued summons on 02.07.2012. The petitioner applied under Section 205 Cr.P.C. for exemption, which was granted on 03.08.2012. On 01.09.2012, the magistrate issued a non-bailable warrant against the petitioner. The petitioner then filed the present revision petition under Section 397 read with Section 401 Cr.P.C. seeking quashing of proceedings.
Acts & Sections
- The Factories Act, 1948: 2(n), 8(1), 92, 101, 105, 107
- The Karnataka Factories Rules, 1969: 79-A(b)
- The Code of Criminal Procedure, 1973: 200, 205, 397, 401
