Mr.Seok Tae Wook v. The Tamil Nadu State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.04.2017

CORAM

THE HONOURABLE Mr.JUSTICE C.T.SELVAM CRL.OP.No.20964 & 20965 of 2013 and MP.No.1 & 2 of 2013 in Crl.OP.Nos.20964 & 20965 of 2013 Seok Tae Wook

...Petitioner

in both Crl.O.P vs.

The Tamil Nadu State Rep. by its Inspector of Factories, 6, Lal Bhagadur Sastri Street, Periyakuppam, Tiruvallur 602 001.

...Respondent

in both Crl.O.P PRAYER in Crl.OP.20964 of 2013:- Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records and to quash the proceedings in C.C.No.66 of 2011 on the file of Chief Judicial Magistrate, Thiruvallur. PRAYER in Crl.OP.20965 of 2013:- Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records and to quash the proceedings in C.C.No.67 of 2011 on the file of Chief Judicial Magistrate, Thiruvallur. For Petitioner : Mr.R.Prabhakaran in both Crl.O.P.

For Respondent : Mr.C.Emalias, APP in both Crl.O.P.

COMMON O R D E R These petitions have been filed to call for the records and to quash the proceedings in C.C.No.66 of 2011 and C.C.No.67 of 2011 on the file of Chief Judicial Magistrate, Thiruvallur. https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. There is prima-facie case made out against the petitioner to be proceeded with under the Factories Act and the Tamil Nadu Factories Rules. Inspection of the factory in question by the respondent, revealed contraventions of the provisions of the said Act and Rules. Further, it is alleged that while the factory work was on, on 06.07.2010, a person who operated the press had his index and middle finger of the left hand crushed and that the tip of the ring finger was also damaged, and he was given treatment. Further, some persons were required to work more than the prescribed daily hours during September 2010.

4. Petitioner has not made out any case to quash the proceedings before the Court below.

Finding no relevant averments in the affidavit filed in support of the quash petitions, these petitions stand dismissed. Consequently miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar dpq To 1.The Chief Judicial Magistrate, Thiruvallur 2.The Inspector of Factories, 6, Lal Bhagadur Sastri Street, Periyakuppam, Tiruvallur 602 001.

3. The Public Prosecutor High Court, Madras.

CRL.OP.No.20964 & 20965 of 2013 and MP.No.1 & 2 of 2013 aa15/06/2017 https://hcservices.ecourts.gov.in/hcservices/