Case Details: Rajeev Mittal vs. State of Orissa - [2025] 181 taxmann.com 235 (HC-Orissa)
Judiciary and Counsel Details
- Sibo Sankar Mishra, J.
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Haripad Mohanty, K. Sattar & D. Samantaray, Advs. for the Respondent.
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S.N. Biswal, Additional Standing Counsel for the Respondent.
Facts of the Case
In the instant case, an accident occurred inside the registered factory on 4-5-2018, resulting in the death of an unloading helper. Based on a factual scenario, the Assistant Director of Factories and Boilers had filed a complaint before SDJM on 2-8-2018, which was registered as CC No. 08 of 2018.
Accordingly, the Court took cognisance of the offence on 25-8-2018 under section 92 of the Factories Act, 1948, and issued summons to the accused persons.
The petitioner filed a petition under Section 482 of the Criminal Procedure Code to quash the criminal proceeding on the ground that the complaint was time-barred, as the Court had taken cognisance of the offence beyond the statutory period prescribed under Section 106 of the Act.
High Court Held
The High Court held that the Act mandates that the period of limitation be calculated from the date of knowledge of the accident to the date of filing the complaint and not the date of cognisance. The complaint filed under section 92 was within the prescribed time limit, and cognisance of the offence was rightly taken. Thus, the ground of limitation urged by the petitioner failed.
List of Cases Referred to
- Dalip Singh v. State of U.P. (2010) 2 SCC 114 (para 10).
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