Bhushan Gaikar (First line manager) 15 September 2015

Ipc sec 282,283,337,338

There was explosion in factory due to wrongful handling of chemical in 2013 . It caused injury to 2 labours, occupier it self and 2 people from outside of factory. The occupier was the instructor to make chemicals. He had paid all medical expences of injured people. However,The factory inspector filed a case before CJM for negligence u/s 7 of factory act 1948 and accused had pleaed his guilty and already been convicted and paid fine of Rs.6000.

The police has enquired in the matte and file FIR u/s 282,283,336,337 and regular bail is been granted to accused. now chargesheet is presented before JMFC.Now case in trial stage before JMFC.

As per the rule accused can not be convicted for same office twicely. Now how to quash this case?

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4 Replies

adv.raghavan (Advocate,9444674980) 16 September 2015

Previously owner was convicted under factories act, but he is being tried under IPC, Kindly confirm the sections, it seems they are in appropriate.

Bhushan Gaikar (First line manager) 18 September 2015

As per sec 92 of factory act 1948.

Bhushan Gaikar (First line manager) 22 September 2015

Any one Please provide answer on above question.

adv.raghavan (Advocate,9444674980) 22 September 2015

I have already addressed you in earlier msg, DOCTRINE OF DOUBLE JEOPARDY will not hold good in your case, previously the concerned person was convicted under factories act, now he is being tried under IPC, so the police do have the power to prosecute you under IPC ,so it is better get hold of good counsel and try to do the needful.