9911796707
TMI Blog2001 (8) TMI 1448X X X X Extracts X X X X X X X X Extracts X X X X ..... e in the decision of Nazir Ahmed (supra) observed: In their Lordship's opinion, however, the more serious aspect of the case is to be found in the resultant interference by the court with the duties of the police. Just as it is essential that every one accused of a crime should have free access to a court of justice so that he may be duly acquitted if found not guilty of the offence with which he is charged so it is of the utmost importance that the judiciary should not interfere with the police in matters which are within their province and into which the law imposes on them the duty of inquiry. In India, as has been shown, there is a statutory right on the part of the police to investigate the circumstances of an alleged cognizable crime without requiring any authority from the judicial authorities and it would, as their Lordships think, be an unfortunate result if it should be held possible to interfere with those statutory rights by an exercise of the inherent jurisdiction of the court. The functions of the judiciary and the police are complementary, not overlapping, and the combination of individual liberty with a due observance of law and order is only to be obtained ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provisions as contained in Section 173(8) of the Code. There is thus a clear and well defined area of operation and demarcated function in the field of investigation of crimes and its subsequent adjudication. In this context reference may be made to the decision of this Court in State of Bihar Anr. v. JAC Saldanha Ors. 1980CriLJ98. 6. While an offence if disclosed in the FIR ought not to be thwarted at the initial stages, but in the event however, the materials do not disclose an offence, no investigation should normally be permitted. It is in this context this Court in Sanchaita Investment (supra) observed: In my opinion, the legal position is well settled. The legal position appears to be that if an offence is disclosed, the court will not normally interfere with an investigation into the case and will permit investigation into the offence alleged to be completed; if, however, the materials do not disclose an offence, no investigation should normally be permitted. The observations of the Judicial Committee and the observations of this Court in the various decisions which I have earlier quoted, make this position abundantly clear. The propositions enunciated by the Judi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt at the stage of investigation, even if no offence is disclosed. While adverting to this specific question as to whether an investigation can go on even if no offence is disclosed, the Judicial Committee in the case of King Emperor v. Khwaja Nazir Ahmed and this Court in R P Kapur v. State of Punjab. 1960CriLJ1239 Jehan Singh v. Delhi Administration 1974CriLJ802 and S N Sharma v. Bipen Kumar Tiwari 1970CriLJ764 have clearly laid down that no investigation can be permitted and have made the observations which I have earlier quoted and which were relied on by Mr. Sen. As I have earlier observed this proposition is not only based on sound logic but is also based on fundamental principles of justice, as a person against whom no offence is disclosed, cannot be put to any harassment by the process of investigation which is likely to put his personal liberty and also property which are considered sacred and sacrosanct into peril and jeopardy. 7. This Court in Sanchaita Investment has been thus rather candid to record that it will be the duty of the court to interfere with any investigation and to stop the same to prevent any kind of uncalled for and unnecessary harassment to an in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of events ought not to be scuttled at the initial stage, unless the same amounts to an abuse of the process of law. In the normal course of events thus, quashing of a complaint should rather be an exception and a rarity than an ordinary rule. The genuineness of the averments in the FIR cannot possibly be gone into and the document shall have to be read as a whole so as to decipher the intent of the maker thereof. It is not a document which requires decision with exactitude neither it is a document which requires mathematical accuracy and nicety, but the same should be able to communicate or indicative of disclosure of an offence broadly and in the event the said test stands satisfied, the question relating to the quashing of a complaint would not arise. It is in this context however one feature ought to be noticed at this juncture that there cannot possibly be any guiding factor as to which investigation ought to be scuttled at the initial stage and investigations which ought not to be so scuttled. The First Information Report needs to be considered and if the answer is found on a perusal thereof which leads to disclosure of an offence even broadly, law courts are barred from usur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... utting note against his name in the attendance register of the adult workers and against the working hours shown in the Notice Form No. 14 displayed in the Factory. This is an offence punishable under Section 92 of the Factory Act, 1948. 6. Therefore, I the complainant, Shri Y.M. Mehta, do hereby humbly request that by issuing process against the accused, necessary legal action may be taken against him for the aforesaid offence...... 11. To appreciate however, the true purport of the submissions cantering round the disclosure of an offence in the complaint, a few of the provisions of the Factories Act ought to be noticed: Section 61. (1) Notice of periods of work for adults - (1) There shall be displayed and correctly maintained in every factory in accordance with the provisions of sub-section (2) of Section 108, a notice of periods of work for adults, showing clearly for every day the periods during which adult workers may be required to work. (2) The period shown in the notice required by sub-section (1) shall be fixed beforehand, in accordance with the following provisions of this section and shall be such that workers working for those periods would not be wor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) the name of each adult worker in the factory; (b) the nature of his work; (c) the group, if any, in which he is included; (d) where his group works on shifts, the relay to which he is allotted; and (e) such other particulars as may be prescribed. Provided that, if the Inspector is of opinion that any muster roll or register maintained as a part of the routine of a factory gives in respect of any or all the workers in the factory the particulars required under this section, he may, by order in writing, direct that such muster roll or register shall to the corresponding extent be maintained in place of, and be treated as, the register of adult workers in that factory. [(1-A) No adult worker shall be required or allowed to work in any factory unless his name and other particulars have been entered in the register of adult workers.] (2) The State Government may prescribe the form of the register of adult workers, the manner in which it shall be maintained and the period for which it shall be preserved. 13. Since however the complaint itself records that the accused has violated the provisions of Section 63, it would also be convenient to note the contents of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmed to be a complete code in itself. The Act also provides for punishment for violation of any of the provisions. 15. In the same vein, this Court in Bhikusa Yamasa Kshatriya (Pri) Ltd. v. Union of India and another (1963)ILLJ270SC stated as below: 9. The Factories Act, as the preamble recites, is an Act to consolidate and amend the law regulating labour in factories. The Act is enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards. For that purpose it seeks to impose upon the owners or the occupiers certain obligations to protect workers unwary as well as negligent and to secure for them employment in conditions conducive to their health and safety. The Act requires that the workers should in healthy and sanitary conditions and for that purpose it provides that precaution should be taken for the safety of workers and prevention of accidents, incidental provisions are made for securing information necessary to ensure that the objects are carried out and the State Governments are empowered to appoint inspectors, to call for reports and to inspect the prescribed registers with a view to maintain effective sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ory shall maintain a muster roll of all the workers employed in the factory in Form No. 28 showing (a) the name of each worker, (b) the nature of his work and (c) the daily attendance of the worker. (2) The muster roll shall be written up afresh each month and shall be preserved for a period of 3 years from the date of last entry in it; Provided that if the daily attendance is noted in respect of Adult and Child Workers in the Registers of Workers in Forms Nos. 15 and 17 respectively, or the particulars required under sub-rule (1) are noted in any other register, and such registers are preserved for a period of 3 years from the date of last entry in them, a separate muster roll required under sub-rule (1) need not be maintained. 18. Turning attention on to the complaint, it is seen that Shri Omprakash Rajput was found present in the list of adult workers register kept in the factory in the Form No. 28 wherein the attendance of Shri Omprakash Rajput appears. Thus, requirement of maintenance of muster roll register stands complied. There is also a specific mention that the worker was of Group C. 19. On an analysis of the complaint it thus appears that due compliance as r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly workings before hand - this placement before hand is the requirement of the statute in section 63 and in the event of non-compliance, there is a liability for being prosecuted. We have in the complaint a statement that Form No. 14 does not stand completed. We have also in the complaint the number of working hours on a day but the requirement of Form No. 14, the inspector alleges, does not stand fulfilled. It is too early at this stage, however, to contend that the aforesaid statement does not stand to reason and the complaint needs to be quashed at this stage of the proceeding. 20. Mr. Dave, learned senior advocate appearing in support of the petition though very strongly urged that the words otherwise than in accordance with the notice of periods of work for adults displayed at the factory as appears in section 63 there is thus complete compliance. The requirements in terms of Rule 87 or 88 and that of Form No. 14 also stand complied with. Mr. Dave further pointed out that the second requirement of section 63 ought to be co-related with Form No. 28 under section 62 read with section 110 of the Gujarat Factories Rules. The statute, however, in particular section 61 specific ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
