Court No. - 82
Case :- GOVERNMENT APPEAL No. - 2429 of 1998 Appellant :- State Of U.P.
Respondent :- R.C. Sharma And Another Counsel for Appellant :- Arun Kumar Mishra
Hon'ble Pradeep Kumar Srivastava,J.
Shri Sanjay Kumar Nigam, learned A.G.A is present. Heard on admission.
It appears that this Criminal Appeal has been filed against the order of acquittal in Case No. 3480/9 of 1991 (State Vs. R.C.Sharma and A.K.Sharma), under Section 52-A of Factories Act by which the learned C.J.M, Muzaffarnagar by his order dated 26.06.1998 has after rejecting the application of complainant give evidence, adduce the evidence and in absence of any evidence acquitted respondent no. 1 and 2.
Facts which has been disclosed in the memo of appeal shows that a person while doing work of welding in the factory at a height of about 10 meters fell down, sustained injuries and died. Incident took place on 06.09.1991 at 10:00 P.M. A certified copy of the impugned order dated 26.06.1998 has been annexed and it appears that the case remains pending for about 7 years and during that period no evidence was given.
From the perusal of the Factories Act, it appears that at that time maximum sentence for such offence under Section 52 of the Factories Act was 3 months, prior to the amendment which came into force on 01.12.1998.
This appeal has been presented in the year 1998 and since then it is pending for admission. In view of the sentence prescribed for the offence and also in view of the fact that a long period has lapsed and no evidence was given, the impugned order appears to be completely justified. No fruitful purpose is going to be served by admitting this appeal after a lapse of more than 20 years.
Hence, application for leave to file an appeal is rejected and accordingly appeal is also dismissed.
Order Date :- 28.8.2019 PS