- 1 - NC: 2025:KHC-D:1923 CRL.P No. 103883 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. 103883 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. NARAYAN P FACTORY MANAGER, M/S KIRLOSKAR FERROUS INDUSTRIES LTD., AGE. 55 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. T.HANUMAREDDY, 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. 149/2024 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 11:17:53 +0530 - 2 - NC: 2025:KHC-D:1923 CRL.P No. 103883 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 present petition is filed challenging the order taking cognizance of the offense punishable under Section 92 of the Factories Act, 1948. 2. Respondent No.2 has filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973 (“Cr.P.C.”), alleging that on 17.10.2020 at about 12:30 p.m., the complainant received a phone call from one Ravi Kumar, EHS Manager of M/s Kirloskar Ferrous Industries Limited, regarding an accident that occurred on 16.10.2020, resulting in burn injuries to a contract worker. 3. The petitioners had earlier approached this Court in Crl.P.No.100481/2023, wherein this Court, by order dated 11.04.2023, quashed the order taking cognizance on the ground that Section 106 of the Factories Act, 1948, specifies that no Court shall take cognizance of an offense punishable under Section 92 of the Act unless the complaint is made within three months from the date of the alleged offense. 4. Further, no notice was issued to the petitioners under Section 107 of the Factories Act, which mandates that an opportunity be given to show cause as to why criminal prosecution should not be initiated. This Court, while quashing the earlier proceedings, had granted liberty to the respondents to issue a - 3 - NC: 2025:KHC-D:1923 CRL.P No. 103883 of 2024 show-cause notice before lodging any fresh criminal prosecution. However, in contravention of the said direction, the respondents filed the present complaint without issuing the mandatory show- cause notice under Section 107 of the Factories Act. 5. In view of the non-compliance with the mandatory requirement under Section 107 of the Factories Act, the lodging of the present criminal prosecution is without authority of law. Consequently, the order taking cognizance based on the said complaint stands vitiated. 6. Accordingly, the petition is allowed. The impugned proceedings arising out of the private complaint filed by Respondent No.2, insofar as they relate to the petitioners, are hereby quashed. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in PCR No.149/2024 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.: 6