Mohd. Naem v. State Of Chhattisgarh

IN THE HON'BLE HIGH COURT OF CHHATTISGARH

AT BILASPUR er. M.P. No.

L Q or 2014s"

APPLICANT :

Mohd.

Naem (Occupier Factor Accused Manager),5/oLwA;?1w'w Awmye/ 93M M/s NiyaJ Sons R/o V1101age HaSOUdt Sakrl Qodbr g<ii1tijct §tRag;?l;

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VERSUS

NON-APPLIC :

State of Chhattisgarh (labour ComplainantANT department) through - Deputy Chief Factor; Inspector (Deputy Director Industrial Health , Safety), Raipur, District - Raipur '

(C.G.) APPLICATION UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE The applicant begs to prefer this application as under:- 1.

That, the applicant is a license holder of M/s Niyaj Sons as proprietor of it and running storage of explosive as per I license issued by District Magistrate, Raipur which is renewed time to time and valid for 31.03.2015, copy of which is iiled as ANNEXURE-A.

That, the Deputy Factory Inspector Manish Shrivastava has f iled a case bearing 69/Factory Act/ against applicant, copy of order sheet alongwith challan are filed as ANNEXURE-B and ANNEXURE-C respectively.

That, as per judgment of Hon'ble M.P.

High Court, the challan u/s 9 105 of Factories Act is not maintainable, since the person entering in factory is not an expert therefore Deputy Chief Factory Inspector cannot file the complaint and complaint is liable to be quashed, the copy of judgment reported in 2008(iv) M.P.JR.

between H.K.

Kala 85 another Vs. State of M.P.

is filed as ANNEXURE-D.

The factory inspector is neither empower to file complaint

nor can f11e three cases for single offence as cases no. 68, 69 8r, 123 of 2014 it is harassment only and abuse the process of law, therefore proceedings are liable to be quashed. The factory inspector cannot order to close the factory, because District Magistrate only is empowered to do so being licensing authority under Explosive Act, therefore this application.

An affidavit in support of this application is being filed herewith.

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