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TMI Blog2013 (5) TMI 974X X X X Extracts X X X X X X X X Extracts X X X X ..... vices of M/s. Jyoti Enterprises. Potash is one of the ingredients required in manufacturing fertilizers. That is transported from Verna Rail Head to the factory by trucks hired by M/s. Transport Agency. The trucks are taken into the potash godown where the bags of potash are emptied. On each truck, there are six to seven labourers engaged in unloading of the potash bags. The operation of unloading is supervised by the supervisor of M/s. Jyoti Enterprises which also engages the labourers. At any given point of time, three trucks are allowed to unload potash simultaneously. The trucks enter the godown in a straight line and then are taken back in reverse gear to the unloading point. All the three trucks stand parallel to each other. Out of six labourers, five labourers climb the trucks to remove the bags. The sixth labourer remains down for cutting open the bags with knife and empty the bags in godown. After unloading of all the bags, the empty bags are put in the empty trucks. The entire operation takes about twenty minutes. While three trucks are being unloaded, the fourth truck waits inside the godown for space at the unloading point. There are two supporting columns along the wid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hed this Court under section 482 of Criminal Procedure Code (Cr.P.C. for short). 4. Mr. Lotlikar, the learned Senior Counsel appearing for the petitioners submits that the complaint filed by the respondents is extremely vague and on the basis of such vague complaint no criminal case should be allowed to be continued. He argues that under section 105 of the Factories Act, no Court can take cognizance against the said Act except on a complaint in writing made by the Factory Inspector. Any such written complaint must contain specific allegations to disclose by itself the offence. In the absence of specific allegations in the body of the complaint, no document can be looked into for the purpose of the criminal proceedings. The complaint had as many as twenty documents annexed to it including the report of inspection of accident by the Factory Inspector. The report after giving summary of the accident records contravention of section 7-A of the Factories Act on the part of the Occupier and Manager in ensuring (a) availability of the cleaner on the truck that ran over the deceased, (b) vigilance on the part of the supervisor in attending to his duties and (c) vigilance on the part of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... version fragile. In the case of Tej Bir (supra), the Apex Court was required to consider quashing of charges at the stage of framing of charge and held that the exercise of revisional powers by quashing charges by confining attention only to recitals in the FIR was not proper and that the FIR can never represent the entire evidence of the case. 8. Coming to the decisions cited by Mr. Lotlikar, this Court in Transport Corporation of India (supra), was concerned with the offence punishable under Employees Provident Funds and Miscellaneous Provisions Act, 1952, on account of failure to produce statutory returns. The complaint was against the company and its all Directors. The petition had been filed by the Directors in this Court impugning the order of process against them by the learned Magistrate on the ground that the complaint itself did not disclose any offence against the Directors. This court found that the only allegation against the petitioners in the complaint was that they were the persons in charge of the establishment and responsible for the conduct of its business. They were thus required to comply with all the provisions of the Act and the Scheme framed thereunder i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght to pray that the relevant proceedings may be quashed as otherwise it would amount to an abuse of process of the court. 11. In the last decision cited by Mr. Lotlikar of Punjab and Haryana High Court, the prosecution launched was for an offence under the Punjab Municipal Act for evasion of octroi duty with intention to defraud the municipality. The complaint had been filed by the municipal committee. The complaint was accompanied by a list of documents. The accused filed an application for copies of all the documents mentioned in the list appended to the complaint. This request was accepted by the trial court and an order in accordance therewith was passed. The municipal committee, however, failed to supply the copies in compliance with the court's order. The trial court then discharged the accused holding that the sole purpose of the prosecution appeared to be to cause harassment to the accused persons. The municipal committee challenged the order before the High Court questioning, not just discharge of the accused persons, but also the direction of the trial court to it to furnish copies of the documents appended to the complaint. It was contended on behalf of the commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat it does not disclose the offence alleged against the petitioner. It is undisputed position that the complaint filed by the Factory Inspector by itself does not disclose the offence alleged against the petitioners of violation of section 7-A of the Factories Act. Section 7-A(1) provides for general duties of the occupier. It requires every occupier to ensure so far as it is reasonably practicable, the health safety and welfare of all workers while they are at work in the factory. Sub-section (2) of section 7A specifies certain duties without prejudice to the generality of the provisions of sub-section (1). Section 92 of the Factories Act prescribes penalty for contravention of any provisions of the act or of any rules made therein or of any order given in writing therein. The occupier and manufacturer of the factory in such cases is to be held guilty of an offence and punishable with imprisonment of a term which may extend to two years or with fine which may extend to one lakh rupees or with both. 13. The complaint filed against the petitioners contain following allegations against them: 2. The accused are responsible for the following offences:- a) That they have faile ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... int filed by the complainant whether a private person or a public officer. It would be convenient to reproduce here the relevant provisions of Cr.P.C. relating to the police report, complaint and their contents. Section 2(d), section 173(2)(5), section 200, 207 and 238 of Cr.P.C., reads thus: Section 2(d) complaint means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. Explanation.- A report made by a police officer in a case which discloses after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant; Section 173(2) - (i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating- (a) the names of the parties; (b) the nature of the information; (c) the names of the persons who appear to be acquaint ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the following:- (i) the police report; (ii) the first information report recorded under section 154; (iii) the statements recorded under subsection (3) of section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (6) of section 173; (iv) the confessions and statements, if any, recorded under section 164; (v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (5) of section 173: Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused: Provided further that if the Magistrate is satisfied that any document referred to in clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ublic officer, the procedure for which has been prescribed in chapter XV of the Code of Criminal Procedure, there is no such mandate although on issuance of the process the accused is entitled for a copy of the complaint if made in writing. Section 200 of Criminal Procedure Code prescribes that for taking cognizance of a complaint, the Magistrate shall examine upon oath the complainant and the other witnesses for specifying himself for issuance of a process on the complaint. Such examination however can be dispensed with in respect of a complaint made in writing by a public servant acting and purporting to act in discharge of his official duties. The above provisions would make it more than clear that the complaint in writing filed by the factory inspector herein is something apart from the documents accompanying it. The complaint, therefore, has to be complete in every respect as far as disclosure of the offence in it is concerned. The documents annexed to the complaint under section 2(d) Cr.P.C. do not constitute part of the complaint and hence cannot be looked into for making out the offence alleged in the complaint. The two decisions of High Court in Transport Corporation of In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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