IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33616 of 2011 Sunil Kumar Rai @ Sunil Rai Versus The State Of Bihar ---------------------------------- For the petitioner : Mr. Pankaj Kumar Sinha, Advocate Mr. Kamal Kishore Jha, Advocate. For the State : Mr. P.K. Chaurasia, A.P.P. ---------------------------------- 4. 30.11.2011 Petitioner has prayed for quashing of order dated 30.08.2003 passed by learned Chief Judicial Magistrate, Kishanganj in Case No.CC-92/2003 presently pending before Sri Ranjeet Kumar, Judicial Magistrate, 1st Class, Kishanganj, by which petitioner has been directed to face trial for an offence punishable under Section 92 of the Factory Act. Petitioner at an earlier occasion placed photocopy of certified copy of order dated 11.11.2007 by which bunch of criminal miscellaneous were disposed of quashing the order of cognizance under Section 92 of the Factory Act on the ground that brick kiln is not at all covered under Factory Act. The above referred judgment happens to be based upon decision dated 14.09.2004 by which again bunch of criminal miscellaneous no. Cr. Misc. 27373/2003, 27689/2003, 27843/2003, 27963/2003 were disposed of observing that brick kiln is not attracted within the purview of Factory Act. The learned A.P.P. fairly concedes. So far case in hand is concerned, Factory 2 Inspector had filed complaint petition before the learned Chief Judicial Magistrate (Annexure-1) that petitioner is running brick kiln without taking license under Bihar Factory Act and therefore it happens to be in utter violation of Section 6 thereof followed with Rule 4 of Bihar Factory Rules, 1950 attracting punishment under Section 92 of the Act. As the matter now remains settled raised by the relevant decisions as cited above, the prosecution in its present form appears to be unwarranted on account of non-application of the Act. In other words, the prosecution is not at all supported with the law itself. Consequent thereupon, the order impugned dated 30.08.2003 passed by the learned lower court summoning the petitioner to face trial for an offence punishable under Section 92 of the Factory act is set aside. Petition is allowed. PN (Aditya Kumar Trivedi,J.)