- 1 - HC-KAR NC: 2025:KHC-K:2913 CRL.P No. 200840 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.200840 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. VIJENDRA SINGH S/O JAGDEO SINGH, AGE:62 YEARS, OCC: OCCUPIER / MANAGING DIRECTOR AT SHREE RENUKA SUGARS LIMITED, BHAGYAVANTI NAGAR, HAVALGA AFZALPUR, KALABURAGI, R/O.7TH FLOOR, DEVACHAND HOUSE, SHIV SAGAR ESTATE, DR. ANNIE BESANT ROAD, WORLI, MUMBAI – 400 025. 2. SANGAMANATH JAMADAR, AGE:52 YEARS, OCC: MANAGER AT M. S. SRI RENUKA SUGARS, BHAGYAVANTI NAGAR, HAVALGA AFZALPUR, KALABURAGI, R/O NO.225, WALKHANDI BIDAR – 585 412, NOW RESIDING AT RAIBAG DIST.BELLGAUM – 591 317. …PETITIONERS (BY KUM. VAISHNAVI MANGANE, ADVOCATE FOR SRI AVINASH A. UPLAONKAR, ADVOCATE) AND: THE STATE OF KARNATAKA AT THE INSTENCE OF SRI SUKESHA V SENIOR ASSISTANT OF Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2913 CRL.P No. 200840 of 2025 FACTORIES KALABURAGI DIVISION, REPRESENTED BY, ADDL. SPP HIGH COURT OF KARNATAKA, KALABURAGI BENCH -560 001. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, 2023, PRAYING TO EXERCISE INHERENT POWERS U/SEC 528 OF BNSS, EXAMINE THE RECORDS AND QUASH THE PROCEEDINGS IN C.C NO.152/2024 FOR THE OFFENCE PUNISHABLE U/SEC.92 OF THE FACTORIES ACT, 1948, PENDING BEFORE THE CIVIL JUDGE AND JMFC COURT AT AFZALPUR, AGAINST THE PETITIONERS. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Kum.Vaishnavi Mangane, learned counsel on behalf of Sri Avinash A. Uplaonkar, learned counsel for the petitioners and Sri Jamadar Shahabuddin for the respondent. - 3 - HC-KAR NC: 2025:KHC-K:2913 CRL.P No. 200840 of 2025 2. Petitioners are accused Nos.1 and 2 in private complaint filed under Section 200 Cr.P.C. for commission of the offences punishable under the provisions of the Factories Act, 1948. 3. Among various other grounds, it is contended that prior sanction is not obtained by the respondent, who is the authorized officer to take action against the petitioners under the Factories Act. Without considering the same, proceedings are being continued, is the grievance of the petitioners. 4. Learned counsel for the petitioners would contend that the case is covered by the judgment of this Court in Criminal Petition No.101995/2017 dated 05.07.2023. 5. Per contra, learned High Court Government Pleader supports the pending proceedings. - 4 - HC-KAR NC: 2025:KHC-K:2913 CRL.P No. 200840 of 2025 6. Having heard the arguments, this Court perused the material on record meticulously. 7. On such perusal of the material on record, it is crystal clear that prior sanction to prosecute the petitioners under Section 105 of the Factories Act is not obtained by the respondent before filing the private complaint. Without nothing the same, learned Magistrate has issued the summons to the petitioners. 8. Therefore, very initiation of the criminal proceedings under the Factories Act itself is defective. Therefore, the pending criminal prosecution cannot be continued further. 9. Accordingly, following: ORDER a) Criminal petition is allowed. b) Pending proceedings in C.C.No.152/2024, on the file of learned Civil Judge and JMFC, - 5 - HC-KAR NC: 2025:KHC-K:2913 CRL.P No. 200840 of 2025 Afzalpur, as against the petitioners, is hereby quashed. Sd/- (V SRISHANANDA) JUDGE SRT List No.: 1 Sl No.: 46 CT:PK