- 1 - NC: 2025:KHC-D:3746 CRL.P No. 103868 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. 103868 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SRI. R.K.GOYAL OCCUPIER M/S KALYANI STEELS LTD., AGE. 60 YEARS, OCC. BUSINESS, R/O. HOSAPET ROAD, GINEGERA, KOPPAL-583228. 2. SRI. SUBHANKAR ASHUTOSH PAL FACTORY MANAGER, M/S KALYANI STEELS LTD., AGE. 57 YEARS, R/O. HOSPET ROAD, GINEGERA, KOPPAL-583228. …PETITIONERS (BY SRI. ANAND R.KOLLI, ADVOCATE) AND: THE STATE OF KARNATAKA AT THE INSTANCE OF SRI. VIJAYA KUMAR B., 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/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO, QUASH THE IMPUGNED REGISTRATION OF PRIVATE COMPLAINT BEARING PCR NO.661/2024 FOR AN OFFENCE PUNISHABLE U/S 92 OF FACTORIES ACT, 1948 REGISTERED U/S 223 OF BNSS ACT, FILED BY THE RESPONDENT B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.27 14:39:05 +0530 - 2 - NC: 2025:KHC-D:3746 CRL.P No. 103868 of 2024 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC KOPPAL VIDE ANNEXURE-D. 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 24.07.2024 when one Sri. Ramesh was lifting a bundle while positioning himself very close to it. As soon as the bundle left the ground, it became imbalanced and started swinging toward him. In an attempt to move away—due to the congested space on the ground—he fell and sustained an injury to his right leg. 3. It is 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 issued a detailed accident investigation report cum show-cause notice dated 21.09.2024 to the petitioners, asserting that action should be initiated against them for contravening the provisions of the Karnataka Factories Act, 1948, and the Karnataka Factories Rules, 1969. - 3 - NC: 2025:KHC-D:3746 CRL.P No. 103868 of 2024 6. The petitioners replied to the show-cause notice appropriately; however, no order was passed on their reply. 7. In similar circumstances, a coordinate bench of this Court in Crl.P. No.2570/2021, along with connected petitions, ruled that although there is no express provision in the Karnataka Factories Act, 1948 or the Karnataka Factories Rules, 1969 that mandates the concerned authority to pass an order on the reply submitted by the occupier or factory manager, the principles of natural justice require that such an order be passed. Otherwise, the right granted to the occupier or factory manager 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 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.661/2024 for an offence punishable under Section 92 of the Factories Act, 1948 filed by the respondent pending on the file of 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.: 241