S.M. DATTA versus STATE OF GUJARAT AND ANR.

S.M. DATTA versus STATE OF GUJARAT AND ANR.

Quashing criminal complaints at the investigation stage should be rare and only in cases of abuse of process; here, alleged non-compliance with Form No. 14 and entry 'beforehand' needs further investigation, so complaint should not be quashed.

Parties
Appellant: S.M. Datta; Respondents: State of Gujarat and Anr.
Jurisdiction
India
Judgment Date
24 August 2001
Procedural Posture
Criminal Appeal / Appeal From Dismissal of Criminal Revision Petition by Gujarat High Court at Investigation Stage
Outcome
Appeals dismissed
Legal Topics
Quashing of Criminal Proceedings, Factory Compliance, Investigation Powers Under Cr PC

Case Brief

Summary, issues, holding and outcome

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Parties

S.M. Datta

Appellant

State of Gujarat and Anr.

Respondents

Procedural Posture

Criminal Appeal / Appeal From Dismissal of Criminal Revision Petition by Gujarat High Court at Investigation Stage

  1. 1 Whether criminal proceedings under Factories Act, 1948 can be quashed at the investigation stage
  2. 2 Interpretation of Sections 61, 62, 63 of Factories Act regarding display of notice and maintenance of registers

Ratio Decidendi

Quashing criminal complaints at the investigation stage should be rare and only in cases of abuse of process; here, alleged non-compliance with Form No. 14 and entry 'beforehand' needs further investigation, so complaint should not be quashed.

Court Disposition

Appeals dismissed

Orders

  • No order as to costs