IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 Crl.MC.No. 3743 of 2009() ------------------------------ ST.23/2009 of CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER(S): ACCUSED -------------------------------- K.A.HASHIM, REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAJAGOPALAN NAIR RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY THE INSPECTOR OF FACTORIES & BOILERS, GR.II, THIRUVANANTHAPURAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. NU PUBLIC PROSECUTOR SRI. B. VINOD THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO.3743/2009 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE 1:COPY OF THE COMPLAINT IN S.T. NO.23/2009 ON THE FILES OF THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. ANNEXURE 2:COPY OF THE SUMMONS RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 3743 of 2009 - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner, the Registrar of the University of Kerala, is the accused in S.T. No. 23 of 2009 on the file of the Chief Judicial Magistrate, Thiruvananthapuram. The complaint was instituted under Section 92 of the Factories Act on the ground that the Registrar has installed a new machinery in the University Press without the prior permission of the Director of Factories and Boilers. The prosecution has been lodged on the premise that the petitioner is the occupier within the meaning of Factories Act, 1948. But Section 2(n)(iii) of the Factories Act defines the occupier as persons appointed to manage the affairs of the factory. It is stated by the learned counsel for the petitioner that the Superintendent of the University is the person responsible for the affairs of the press under the university regulations. The Government Pleader on instructions submitted that the Government is not interested to prosecute Crl.M.C. No. 3743/2009 -:2:- this case. In my considered view, the allegations may not constitute an offence under Section 92 of the Factories Act. Accordingly, I direct that the prosecution against the petitioner be treated to be closed. This Crl.M.C is allowed as above. sd/- B.P. RAY, JUDGE. rv