Crl. Misc. No. M-3380 of 2011 (O&M) [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No. M-3380 of 2011 (O&M) Date of Decision: February 7,2011 B.K.Paswan and another ........................................................ Petitioners Versus State of Haryana .................................................................. Respondent Coram: Hon'ble Ms. Justice Ritu Bahri 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Mr. R.K.Trikha, Advocate for the petitioners. ... RITU BAHRI, J. This petition under Section 482 of the Code of Criminal Procedure is for quashing of Criminal complaint No.327 dated 13.9.2010 filed under the Factories Act,1948 titled as State v. B.K.Paswan and another, pending in the Court of Chief Judicial Magistrate, Jagadhri (Annexure P-1) for violation of Section 7 of the Factories Act,1948 and Rules 66A, 66B of the Punjab Factories Rules, 1952 and the summoning order dated 17.9.2010. Mr. R.K.Trikha, learned counsel for the petitioners, contends that one Ghanshyam, a worker of M/s Northern Railway Workshop Jagadhri met with a serious accident on 26.5.2010. Complaint was filed in the Court Crl. Misc. No. M-3380 of 2011 (O&M) [ 2 ] of Chief Judicial Magistrate, Jagadhri, under the Factories Act, 1948. On 17.9.2010 challan was presented and the accused have been summoned to face trial. Learned counsel has argued that the petitioners have been summoned to face trial by a non-speaking order without application of mind. Relies on Varinder Mohan v. State of Punjab and another 2009(3) RCR (Criminal) 100 to contend that an order summoning an accused without application of mind is liable to be set aside. The impugned order is amenable to revision under Section 397 (2) Cr.P.C. It is not a bar to invoke the jurisdiction of High Court under Article 227 or Section 482 Cr.P.C. Relies on Pepsi Foods Ltd. And another v. Special Judicial Magistrate and others (1998) 5 Supreme Court Cases 749. In the present case, an accident inquiry report dated 23.6.2010 (Annexure P-2) was presented along with the challan. As per this report, proper security measures for health and safety of workers while working at factory were not taken. There was violation of Section 7-A of the Factories Act,1948 and Rules 66-A and 66-B of the Punjab Factories Rules 1952. Considering the contents of the complaint and accident inquiry report which was attached with the challan it has observed that there was failure of safety measures for workers to ensure their health and safety in the factory. The impugned order dated 17.9.2010 does not suffer from any infirmity. The criminal miscellaneous is dismissed with no order as to costs. 7.2.2011 ( RITU BAHRI ) Rupi JUDGE