Mr.R.Thivakar vs State Of Tamil Nadu
2023 Latest Caselaw 10390 Mad

                                                           1 of 4

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 14.08.2023

                                                         CORAM

                                  THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                              Crl.O.P No.17968 of 2023
                                          and Crl.MP.11880 & 11881 of 2023


                Mr.R.Thivakar, M/46 Y
                S/o.Rangareddy
                Manager
                Wino mechanic Private Limited
                Door No.D-17, SIPCOT Industrial Complex
                Gummidipoondi
                Tiruvallur District-601 201.                                   ..   Petitioner /Accused

                                                           .Vs.


                State of Tamil Nadu
                Rep.by
                Deputy Director of Industrial Safety
                  and Health-II (Inspector of Factories)
                SF No.47/1, Block 6
                Thiru.Vi.Ka.Industrial Estate
                (Near Metrowater Roundtana)
                Guindy, Chennai-600 032.                                    .. Respondent/Complainant



                PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal
                Procedure, to call for the records in respect of STC.No.2392 of 2023, on the file of
                the learned Chief Judicial Magistrate, Tiruvallur and quash the same.


                                        For Petitioner     : Mr.G.Kalyan Jhabakh

                                        For Respondent     : Mr.A.Damodaran
                                                             Additional Public Prosecutor

https://www.mhc.tn.gov.in/judis
                                                            2 of 4

                                                            ORDER

This petition has been filed challenging the proceedings initiated by the

respondent against the petitioner under Section 105(1) of Factories Act, 1948.

2. The grounds raised by the counsel for the petitioner are all factual in

nature and it requires appreciation of evidence and this Court cannot decide the

same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code. It

is left open to the petitioner to raise all the grounds before the Court below and the

same shall be considered on its own merits and in accordance with law. This Court is

not inclined to interfere with the proceedings pending before the Court below.

3. The learned counsel for the petitioner requested this Court to dispense

with the presence of the petitioner. Taking into consideration, the facts and

circumstances of the case, the presence of the petitioner is dispensed with and he

shall be represented by a counsel, who shall cross examine the witnesses on the

same day, they are examined in Chief. The petitioner shall be present before the

Court below at the time of questioning under Section 313 Cr.P.C and at the time of

passing of the final judgement.

4. Accordingly, this Criminal Original Petition is disposed of with a direction to

the Court below to complete the proceedings in STC.No.2392 of 2023, within a

period of six months from the date of receipt of a copy of this order. The trial shall

be conducted on a day to day basis in accordance with the guidelines given by https://www.mhc.tn.gov.in/judis 3 of 4

Hon'ble Supreme Court reported in Vinod Kumar Vs State of Punjab [2015 (1)

MLJ (Crl) 288 SC]. If the petitioner adopts any dilatory tactics, it is open to the trial

Court to insist upon the presence of the petitioner and remand him to custody

as per the judgment of the Hon'ble Supreme Court in STATE OF UTTAR PRADESH

VS. SHAMBHU NATH SINGH (JT 2001 (4) SC 3191) . Consequently, connected

miscellaneous petitions are also closed.

                                                                                           14.08.2023

                Index       : Yes/No
                Internet    : Yes/No
                Speaking Order/Non-Speaking Order
                KP

                To

1.Deputy Director of Industrial Safety and Health-II (Inspector of Factories)

Thiru.Vi.Ka.Industrial Estate (Near Metrowater Roundtana) Guindy, Chennai-600 032.

2. Chief Judicial Magistrate, Tiruvallur.

3.Public Prosecutor High Court of Madras.

N. ANAND VENKATESH,. J.

https://www.mhc.tn.gov.in/judis KP 4 of 4

Crl.O.P No.17968 of 2023

14.08.2023

https://www.mhc.tn.gov.in/judis