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Allahabad High Court
M/S Mc.Khem Industries vs State Of U.P.& Others on 4 August, 2010
Court No. - 45

Case :- APPLICATION U/S 482 No. - 970 of 1994

Petitioner :- M/S Mc.Khem Industries
Respondent :- State Of U.P.& Others
Petitioner Counsel :- Kuldeep Saran
Respondent Counsel :- Aga

Hon'ble Rajesh Dayal Khare,J.

List revised. None appears to press this application on behalf of applicants.

Heard learned A.G.A. for the State.

Another Bench of this Court vide order of this Court dated 15.03.1994 had
granted time to learned A.G.A. to file counter affidavit and further
proceedings of the Complaint Case No.236 of 1993 was stayed.

However, till date no counter affidavit has been filed.

The present application under Section 482 Cr.P.C., has been filed for
quashing the proceedings of Complaint Case No. 236 of 1993, under Section
92 of Factories Act, 1948, pending before learned Chief Judicial Magistrate,
District Kanpur Dehat.

It has been averred in the present 482 Cr.P.C., application that the applicant
was issued a show cause notice on 08.09.1992 by the opposite party no.3
calling upon him to explain as to why the proceedings under Section 92 of the
Factories Act, 1948 be not initiated against him, to which the applicant duly
replied to the opposite party no.2 stating therein that the applicant has already
surrendered his licence bearing no. KDR/1331 and further stated that there
are less than 10 workers working in the establishment of the applicant,
therefore, the Factories Act, 1948 is not applicable in the case of the applicant
and inspite of the aforesaid fact, without considering the reply of the
applicant, the complaint was filed against the applicant which is bad in law.

After perusing the averments made in the present application, the present
application is finally disposed off with the direction that the applicant may
file an appropriate application as per law, under the provisions of Criminal
Procedure Code within one months from today alongwith certified copy of
this order and if such an application is filed, the same shall be considered and
disposed off as expeditiously as possible, in accordance with law, preferably
within a period of three months thereafter.

For a period of five months from today or till the disposal of the discharge
application whichever is earlier, no coercive action shall be taken against the
applicant in the aforesaid Case.

Interim order dated 15.03.1994 is hereby set aside.

Learned A.G.A.is directed to communicate the order passed today within
three days from today in writing to the learned counsel for the applicant.
Let a copy of this order be supplied to learned A.G.A. for necessary
compliance.

Order Date :- 4.8.2010
S.Ali


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