IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.5516 OF 2013 BETWEEN:
1. SRI.K.SUBBA RAO S/O.D.S.KESHAVA RAO 59 YEARS DIRECTOR (PRODUCTION AND PROJECTS), OCCUPIER M/S.KIOCL LIMITED, PANAMBUR MANGALORE – 575 010 DAKSHINA KANNADA.
2. SRI.N.VIDYANANDA S/O.SRI.KANNAN AGE 53 YEARS GENERAL MANAGER (PRODUCTION) FACTORY MANAGER M/S.KIOCL LIMITED, PANAMBUR MANGALORE (D.K.)-575 010.
…PETITIONERS (BY SRI.S.B.PAVIN, ADVOCATE) AND:
THE STATE OF KARNATAKA BY ASSISTANT DIRECTOR OF FACTORIES SRI.K.G.NANJAPPA MAJOR, DIVISION – 2 MANGALORE – 575 002.
... RESPONDENT (BY SRI.VIJAYA KUMAR MAJAGE, ADDL. SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN C.C.NO.1380/20136 ON THE FILE OF THE J.M.F.C (II COURT), MANGALORE D.K.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and learned Additional Special Public Prosecutor. Perused the records.
2. Petitioners have sought to quash the proceedings initiated against them in C.C.No.1380/2013 for the alleged violations of Section 32 (b), Rule 84, Rule 3(1) read with Section 6 and Section 52(1) of Factories Act and Rules which are punishable under Section 92 of the Factories Act.
3. Learned counsel for petitioners has urged the plea that prosecution of the petitioners without prior sanction under Section 197 of Cr.P.C. is legally untenable.
4. However, in view of the decision of the Hon’ble Supreme Court in the case of MOHD. HADI RAJA v. STATE OF BIHAR AND ANOTHER reported in (1998) 5 SCC 91, the issue having been answered against the petitioners holding that sanction contemplated under Section 197 of Cr.P.C. is restricted only in respect of public servants who are directly under the Government or Agency of the Government, the contention is rejected.
No other grounds are made out to quash the proceedings. Consequently, the petition is dismissed.
Sd/- JUDGE VMB