Dismissed

V.S.Jeevakumar v. the Inspector of Factories & Boilers Gr

Kerala HC17 Oct 2012Crl.MC/176/2008

Case brief

AI extract

What is this about?

The High Court refused to invoke inherent powers under Section 482 CrPC to quash First Information Report complaints filed by the Inspector of Factories against a petitioner accused of offences under the Factories Act, directing the petitioner to raise defences in the trial court.

What did the court decide?

Petitions for quashing the complaints filed by the Inspector of Factories and the State under the Factories Act were dismissed.

V.S.Jeevakumar Vs the Inspector of Factories… — Contract and Commercial Disputes | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN

¶4

WEDNESDAY, THE 17TH DAY OF OCTOBER 2012/25TH ASWINA 1934

¶5

Crl.MC.No. 176 of 2008 ( )

¶6

-------------------------CC.NO.476/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA

¶7

PETITIONER(S)/ACCUSED:

¶8

V.S.JEEVAKUMAR, VAZHAYIL GADHA GOVINDAN, CHAMPANNOOR, ANGAMALY SOUTH, AGRO FOODS AND SPICES, INDUSTRIAL DEVELOPMENT AREA.

¶9

BY ADVS.SRI.SHEEJO CHACKO

¶10

SRI.D.KRISHNANKUTTY PILLAI SRI.M.N.MANOJ

¶11

RESPONDENT(S)/COMPLAINANT & STATE:

¶12

1. THE INSPECTOR OF FACTORIES & BOILERS GRADE - I, ALUVA, ERNAKULAM DISTRICT.

¶13

2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

¶14

R1 & R2 BY PUBLIC PROSECUTOR SMT.R.REMA

¶15

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-10-2012, ALONG WITH CRMC.NO. 250/2008 AND CONNECTED CASES,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

CRMC.NO.176/2008

APPENDIX

PETITIONER'S ANNEXURES:

¶20

ANNEX 1 COPY OF THE COMPLAINT IN C.C.NO.476/2006 ON THE FILES OF JFCM-II, ALUVA ANNEX II COPY OF THE INSPECTION REPORT DATED 03/03/2006

¶21

RESPONDENT'S ANNEXURES: NIL

/TRUE COPY/

P.A.TO.JUDGE

sts

S.S.SATHEESACHANDRAN, J.

¶26

----------------------------------------------Crl.M.C Nos.176, 250, 251 & 252 OF 2008 ------------------------------------------------------Dated this the 17^th day of October, 2012

¶27

ORDER

¶28

Common petitioner proceeded with in four cases on complaints filed by the Inspector of Factories and Boilers imputing offences under the Factories Act has filed the above petitions for quashing such complaints invoking the inherent powers of this court under Section 482 of the Code of Criminal Procedure, for short, 'the Code'. After looking into the grounds canvassed in the petitions and also taking note of the submissions made by the counsel, I find, factual basis over the imputations made by the complainant for prosecution of the petitioner is sought to be assailed to contend that the prosecution proceedings taken against the petitioner for the offences under the Factories Act are an abuse of process of the court. Statements filed before this court by the respondent/complainant would disclose that the present petitioner/accused in respect of the very same establishment involved had been proceeded against for offences under the Factories Act previously, and convicted on such

¶29

¶30

Crl.M.C Nos.176, 250, 251 & 252/2008

¶31

offences. Against those convictions, according to the learned counsel for petitioner, appeals are still pending. Be that as it may, I find, exercise of the inherent powers of this court on the request made by petitioner to resist the prosecution launched against him on the complaints filed by the statutory authority, is not called for. Whatever defences available to the petitioner, no doubt, can be canvassed by him before the magistrate.

¶32

Petitions are dismissed.

¶33

vdv

¶34

S.S.SATHEESACHANDRAN, JUDGE

V.S.Jeevakumar v. the Inspector of Factories & Boilers Gr

Case brief

What is this about?

What did the court decide?

V.S.Jeevakumar v. the Inspector of Factories & Boilers Gr

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K.Muhammed Musthafa Vs Saifunneessa

Shajahan Vs State of Kerala

Stanley @ Unni Vs State of Kerala

Vijesh Vs State of Kerala

Dr.Bimal Vs the State of Kerala

Sabu T.Varghese Vs Sub Inspector of Police, Puthencruz Police Station