C.Gangadharan v. Deputy Director Ch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.24156 of 2018 and Crl.M.P.No.13647 of 2018 C.Gangadharan ... Petitioner Vs.
State of Tamil Nadu represented by The Deputy Director, Industrial Safety and Health Chennai-19.
... Respondent PRAYER:
Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records on the file of the Chief Judicial Magistrate Court, Thiruvallur in S.T.C.No.56 of 2018 and quash the same.
For Petitioner : Mr.M.Vijayan for M/s.King and Patridge For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
This petition has been filed challenging the proceedings initiated by the respondent against the petitioner for the offences under the Factories Act.
2.The petitioner herein is the Manager of the factory. This Court has already quashed the proceedings as against the occupier of the factory in Crl.O.P.No.24195 of 2018 on the ground that the respondent by proceedings dated 18.06.2019 has decided to withdraw the criminal proceedings against the occupier. The order passed in Crl.O.P.No.24195 of 2018 will enure in favour of the petitioner also, since it relates to the very same incident. No useful purpose will be served by keeping the proceedings pending against the petitioner. That apart, the https://hcservices.ecourts.gov.in/hcservices/
incident which led to the filing of the criminal complaint, is a minor incident which happened due to the negligence of the workman.
3.In the result, the proceedings in S.T.C.No.56 of 2018 pending on the file of the Chief Judicial Magistrate Court, Thiruvallur, is hereby quashed and accordingly, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar pnn To 1.
The Chief Judicial Magistrate Court, Thiruvallur.
2.
The Deputy Director, State of Tamil Nadu, Industrial Safety and Health Chennai-19.
3.
The Public Prosecutor, High Court, Madras-104 +1cc to M/s.King and Patridge, Advocate, S.R.No.59278 Crl.O.P.No.24156 of 2018 CP(CO) CS/03/09/2019 https://hcservices.ecourts.gov.in/hcservices/