Mr. Neeraj Akhaouri vs The State Of Jharkhand
2022 Latest Caselaw 3515 Jhar

          IN             THE HIGH COURT OF JHARKHAND AT RANCHI
                                      Cr.M.P. No. 2447 of 2022

      1. Mr. Neeraj Akhaouri
        @ Neeraj Akhoury @ Neeraj Akhouri
      2. Ganesh C. Tripathi @
        Ganesh Chandra Tripathy                     .....  ... Petitioners
                                 Versus
      The State of Jharkhand                         ..... ...      Opposite Party
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners : Mr. A.K. Kashyap, Sr. Advocate.

                              :        Mr. Upinder Singh, Advocate.
      For the State           :        Mr. Ravi Prakash, Spl.P.P.
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03/ 31.08.2022 Learned senior counsel appearing for the petitioners submits the case is registered under Section 92 of the Factories Act, 1948 and the date of occurrence is 06.10.2018 and the information to that effect has been communicated to the Factory Inspector on 08.10.2018 and the complaint was filed on 11.01.2019. He submits that under Section 106 of the Factories Act, the case is required to be filed within 90 days from the date of knowledge, however, the case has been filed belatedly. He further submits that this case is fully covered in the light of the judgment of this Hon'ble Court in the case of Hemant Madhusudan Nerurkar & Anr. Versus State of Jharkhand & Anr., reported in 2021 SCC Online (Jhar) 624.

In view of the above, State is directed to seek instruction and file counter affidavit in the matter within four weeks.

There shall be stay of further proceedings in connection with Complaint Case No. 14 of 2019, pending in the Court of learned Chief Judicial Magistrate, Chaibasa, West Singhbhum, till the next date of listing.

Let this matter appear on 03.01.2023.

(Sanjay Kumar Dwivedi, J.) Amitesh/-