- (1.)THIS appeal has been filed by the State against the order and judgment dated 26-9-1973 of Sri V. K. Malhotra, Magistrate, 1st Class, Agra in Criminal Case No. 396 of 1973 acquitting the respondent of the charge under Section 92 of the Factories Act. The respondent Hari Shankar Agrawal was admittedly the occupier of the Factory M/s. Mittal Iron Foundry and Engineers, Agra. When the Factory Inspector inspected the factory on 27-3-1973 he found certain irregularities as certain informations about the accidental death of a worker had not been sent to the Inspector of the Factories. He also found that Form 9 was also incomplete.
(2.)A complaint was filed by the Factory Inspector against Hari Shankar Agrawal who was the occupier of that factory and against Sohan Lal who was the Manager. Sohan Lal admitted certain irregularities having been committed. His case was separated. Respondent Hari Shankar Agrawal, however, took the plea that he had entrusted all the affairs to the Manager, Sohan Lal Agarwal and he alone was liable to send such information to the authorities concerned and, as such, Hari Shankar Agrawal himself disowned the liability for the offence.
(3.)THE learned Magistrate accepted the defence plea and arrived at the conclusion that under Section 2 (n) of the Factories Act the Manager shall be deemed to be the occupier of the factory as well. In his judgment he has observed that the occupier had filed Form No. i which was prescribed under the Factories Act. that form is not on the record of this case. The learned Magistrate also referred to some ruling cited and has observed that it was distinguishable. He has not even given the citation of that ruling.