- 1 - NC: 2025:KHC-D:3744 CRL.P No. 102574 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102574 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SRI A. M. KULKARNI (ARVIND MADHAV KULKARNI) OCCUPIER, M/S MUKUND STEELS LTD., AGE. 63 YEARS, OCC. SERVICE, R/O. KANAKAPURA VILLAGE, KOPPAL-583228. 2. SRI. P.L. SATISH, FACTORY MANAGER, M/S MUKUND STEELS LTD, OCC. SERVICE, R/O. HOSPET ROAD, GINIGERA, KOPPAL-583228. …PETITIONERS (BY SRI. ANAND R.KOLLI, ADVOCATE) AND: THE STATE OF KARNATAKA AT THE INSTANCE OF SRI. VARUN R., ASSISTANT DIRECTOR OF FACTORIES, KOPPAL DIVISION, (AN INSPECTOR APPOINTED UNDER SECTION 8(1) FACTORIES ACT, 1948) NO. 08-02-145/C, FIRST FLOOR, BEHIND ESI DISPENSARY, DR SIMPILLINGANNA ROAD, BEHIND ESI DISPENSARY, KOPPAL-584101. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO, QUASH THE IMPUGNED REGISTRATION OF PRIVATE COMPLAINT AND THE PROCEEDING BEARING PCR NO. 13/2024 FOR AN OFFENCE P/U/SEC. 92 OF FACTORIES ACT, 1948 FILED BY THE RESPONDENT PENDING ON THE FILE OF CIVIL JUDGE AND JMFC KOPPAL, VIDE ANNEXURE-E IN SO FOR THE PETITIONERS/ ACCUSED NO. 1 AND 2 ARE CONCERNED. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.03.01 12:14:30 +0530 - 2 - NC: 2025:KHC-D:3744 CRL.P No. 102574 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners challenge the cognizance taken of the offence punishable under Section 92 of the Karnataka Factories Act, 1948. 2. The respondent filed a private complaint under Section 223 of BNS, 2023, alleging that an incident occurred on 04.10.2023. According to the complaint, one Sri. Ramesh was lifting a bundle and positioned himself very close to it. As soon as the bundle left the ground, it became imbalanced and began swinging toward him. In view of the congested space on the ground, he attempted to move away, but in doing so, he fell and sustained an injury to his right leg. 3. It is further alleged that the incident occurred due to a lapse on the part of the petitioners, who are the occupiers of the factory in question. 4. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent–State. 5. The respondent subsequently issued a detailed accident investigation report cum show-cause notice, dated 23.11.2023, to the petitioners. The report asserted that action should be initiated against the petitioners for contravening the provisions of the Karnataka Factories Act, 1948, and the Karnataka Factories Rules, 1969. 6. The petitioners have duly responded to the show-cause notice; however, no order was passed on their reply. - 3 - NC: 2025:KHC-D:3744 CRL.P No. 102574 of 2024 7. In a similar matter, a coordinate bench of this Court in Crl.P. No.2570/2021 and connected petitions ruled that although there is no express provision in the Karnataka Factories Act, 1948 or the Karnataka Factories Rules, 1969 requiring the concerned authority to pass an order on the reply submitted by the occupier or the factory manager, the principles of natural justice necessitate that such an order be passed. Otherwise, the right granted to the occupier or manager of the factory to prefer an appeal under Section 107 of the Factories Act becomes redundant. 8. Therefore, it was incumbent upon the authority to consider and pass an appropriate order to enable the petitioners to file an appeal as provided under Section 107 of the Factories Act. In light of the foregoing discussion, the continuation of the criminal proceedings would amount to an abuse of the process of law. ORDER i. Accordingly, criminal petition is allowed. ii. The FIR registered in PCR.No.13/2024 for an offence punishable under Section 92 of the Factories Act, 1948 pending on the file of the Hon’ble Civil Judge and JMFC, Koppal in respect of petitioners/accused herein are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN Ct:vh List No.: 1 Sl No.: 0