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Anonymous
in Civil Law Labour Law
Asked May 24, 2017

Criminal case under Factory Act 1948 by labour officer

  • 2 Answers
  • 797 Views

Can a criminal case filed by Labour Officer under the Factory Act 1948 be withdrawn? If so, then under what circumstances? Please educate.

Answers 2

It can be compounded depending upon the sections for which you are booked. Please consult any labour court lawyer with entire details and get suitable advise.

Agree Comment 0 Agrees over 3 years ago

A criminal case under the Factories Act, 1948, can be made by the procedure provided under Section 321 of the Code of Criminal Procedure, 1973, as per which the officer can "with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried". [DP Mehta v. State of Karnataka, ILR 2003 KAR 4798, 2004 (1) KarLJ 599]. The requirements include that "the Public Prosecutor [the Labour Inspector here] is, in good faith, satisfied, on consideration of all relevant material, that his withdrawal from the prosecution is in the public interest and it will not stifle or thwart the process of law or cause injustice." [DP Mehta v. State of Karnataka, ILR 2003 KAR 4798, 2004 (1) KarLJ 599]. 

Agree Comment 0 Agrees over 3 years ago

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