- 1 - NC: 2025:KHC-D:1921 CRL.P No. 103887 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103887 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SRI. R.V.GUMASTE AGE. 55 YEARS, OCC: M/S KIRLOSKAR, FERROUS INDUSTRIES LTD., POST. BEVINAHALLI VILLAGE, TQ. DIST. KOPPAL-583231. 2. SRI. B. SATHISH SHETTY FACTORY MANAGER, M/S KIRLOSKAR FERROUS INDUSTRIES LTD., AGE. 57 YEARS, OCC. FACTORY MANAGER, BEVINAHALLI, 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. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH THE IMPUGNED REGISTRATION OF PRIVATE COMPLAINT BEARING PCR NO. 147/2024 FOR AN OFFENCE P/U/SEC. 92 OF FACTORIES ACT, 1948 FILED BY THE RESPONDENT PENDING ON THE FILE OF PRL. CIVIL JUDGE AND J.M.F.C. KOPPAL, VIDE ANNEXURE-H IN SO FOR AS THE PETITIONERS/ACCUSED NO. 1 AND 2 ARE CONCERNED. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.13 11:17:54 +0530 - 2 - NC: 2025:KHC-D:1921 CRL.P No. 103887 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 cognizance taken for the offence punishable under Section 92 of the Factories Act, 1948, is impugned in this petition. 2. The respondent has filed a private complaint under Section 200 of the Criminal Procedure Code, 1973 (“Cr.P.C.”), alleging that the Deputy Director of Factories, Ballary Division, received information on 04.06.2023 stating that a worker had sustained injuries during the course of employment on 02.06.2023. The petitioners had previously approached this Court in Crl.P. No.100479/2023, and this Court, vide order dated 11.04.2023, quashed the order taking cognizance on the ground that, as per Section 106 of the Factories Act, 1948, no Court shall take cognizance of an offence punishable under Section 92 of the said Act unless the complaint is made within three months. 3. Furthermore, no notice was issued to the petitioners under Section 107 of the Factories Act, 1948, calling upon them to show cause as to why criminal prosecution should not be initiated against them. However, this Court, while quashing the earlier cognizance order, had reserved liberty to the respondent to issue a show-cause notice and, thereafter, initiate criminal prosecution. Contrary to the said direction, the respondent filed the present complaint without issuing the mandatory show-cause notice under Section 107 of the Factories Act, 1948. - 3 - NC: 2025:KHC-D:1921 CRL.P No. 103887 of 2024 4. Since the lodging of the present criminal prosecution without issuing a prior show-cause notice lacks legal sanction, the cognizance taken on the basis of the complaint is vitiated. Consequently, the continuation of the criminal proceedings against the petitioners would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in PCR No.147/2024 pending on the file of the Prl. Civil Judge and JMFC, Koppal, insofar as it relates to the petitioners – accused Nos.1 and 2 stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 3 Sl No.: 8