-------- Petitioners in these cases filed these applications to quash the proceedings in ST.Nos.10/2013 and 11/2013 pending before the Chief Judicial Magistrate Court, Thiruvananthapuram, under section 482 Code of Criminal Procedure (herein after called the Code)
2. The common allegations in both these cases were that Inspector of Factories and Boilers, Thiruvananthapuram conducted inspection of the concerns conducted by the petitioners and according to the Inspector, it comes under the purview of the factories Act and some of the conditions were not complied with and in spite of notice issued, they did not file any objection which resulted in filing of these prosecutions under the Factories Act. According to the petitioners, their institution will not come under the purview of the above Act and it is not a factory and as such the prosecution will not lie. So, they have no other remedy except to approach this Court seeking the following reliefs:-
to quash Annexure-A6 Complaint in S.T Nos.10/2013 and 11/2013 on the file of the Chief Judicial Magistrate Court, Thiruvananthapuram.
3. In both these cases respondents filed statement stating that the petitioners are conducting service station and it will come under the purview of the Factories Act. Since on inspection, there was some violations found in the conduct of the institution, they have issued notice and in spite of notice, they were not rectified and so they filed the above cases. According to them, it is not a case which can be quashed by this Court under Section 482 Code of Criminal Procedure.
4. The counsel for the petitioners submitted that if this Court feels that it is not a case to be quashed at this stage, he will be satisfied if a direction is given to the lower Court to dispose of the case as expeditiously as possible as the petitioners are unemployed youngsters who started the new venture to eke out their livelihood.
5. The applications were opposed by the learned Public Prosecutor on the basis of the contentions raised by them in the counter statement.
6. On going through the allegations in the petition as well as in the counter statement, this Court feels that it cannot be decided on the basis of mere question of law alone as some evidence is also required regarding the nature of work that is being done in the institution conducted by the petitioners, so as to ascertain as to whether it will come under the definition of factory under the factories Act or not as contended by the Factories Inspector. So, under the circumstances this Court feels that it is not a fit case to invoke Section 482 Code of Criminal Procedure to quash the proceedings at this stage. The petitioners can raise all the contentions before the Court below at the time of trial. Considering the fact that the petitioners are youngsters who started a new venture and the pendency of the cases may be hurdle for them to conduct the institution effectively this Court feels that a driection can be given to the concerned Magistrate to dispose of the case within a time limit. So the petitions are disposed of as follows:-
1. The petitioners are entitled to get a relief quashing the proceedings at this stage invoking the power under Section 482 Code of Criminal Procedure as it is a matter to be decided on evidence of by the trial Court.
2. Judicial First Class Magistrate Court No-II, Thiruvananthapuram is directed to dispose of the case as expeditiously as possible at any rate within four months from 29.09.2014 or four months after securing the presence of the accused in the case whichever is earlier.
With the above directions and observations these petitions are disposed of. The Office is directed to communicate this order to the concerned Court immediately for further necessary action in this regard.
K.RAMAKRISHNAN, JUDGE R.AV