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Mumbai: In a relief for a Powai resident, Bombay High Court quashed and set aside a first information report (FIR) against him for negligence, observing that he cannot face prosecution for the same offence again.
“…since the applicant was already prosecuted and punished for the same offences (under the Factories Act), in the same set of facts, prosecuting him again under the IPC (Indian Penal Code) shall amount to double jeopardy,” said Justices Makarand Karnik and Neela Gokhale on Nov 21.
The Nov 3, 2018, FIR was registered against manager Ajeet Singh by a police station in Satara district under India Penal Code sections for negligent conduct with respect to fire and combustible material/machinery and causing hurt by an act endangering life or personal safety of others.
On Oct 26, 2018, there was a short blaze of fire thrown from a machine in Pidilite Industries Ltd’s Taswade plant manufacturing adhesive tapes. Two workers were injured in the incident. The complaint said Singh was responsible for maintaining the machinery.
The deputy director of industrial safety and health and inspector of factories also filed complaints before the Chief Judicial Magistrate. Singh pleaded guilty. On Feb 14, 2019, he was convicted and sentenced to pay Rs 30,000 equally to each victim.
His advocate Sujit Shelar argued it is a settled law that once a person is prosecuted and convicted under a special statute, he cannot be tried again for the same offence under IPC. The judges said Article 20 (2) and Code of Criminal Procedure’s Section 300 provide that no person will be prosecuted or punished for the same offence more than once.
They noted that Singh was prosecuted and convicted for offences under the Factories Act, whose ingredients are identical to those of offences for which he is sought to be prosecuted under IPC. Hence, his prosecution on the same set of facts relatable to the same incident is “not legally sustainable” and is “an abuse of the process of law”.
Mumbai: In a relief for a Powai resident, Bombay High Court quashed and set aside a first information report (FIR) against him for negligence, observing that he cannot face prosecution for the same offence again.
“…since the applicant was already prosecuted and punished for the same offences (under the Factories Act), in the same set of facts, prosecuting him again under the IPC (Indian Penal Code) shall amount to double jeopardy,” said Justices Makarand Karnik and Neela Gokhale on Nov 21.
The Nov 3, 2018, FIR was registered against manager Ajeet Singh by a police station in Satara district under India Penal Code sections for negligent conduct with respect to fire and combustible material/machinery and causing hurt by an act endangering life or personal safety of others.
On Oct 26, 2018, there was a short blaze of fire thrown from a machine in Pidilite Industries Ltd’s Taswade plant manufacturing adhesive tapes. Two workers were injured in the incident. The complaint said Singh was responsible for maintaining the machinery.
The deputy director of industrial safety and health and inspector of factories also filed complaints before the Chief Judicial Magistrate. Singh pleaded guilty. On Feb 14, 2019, he was convicted and sentenced to pay Rs 30,000 equally to each victim.
His advocate Sujit Shelar argued it is a settled law that once a person is prosecuted and convicted under a special statute, he cannot be tried again for the same offence under IPC. The judges said Article 20 (2) and Code of Criminal Procedure’s Section 300 provide that no person will be prosecuted or punished for the same offence more than once.
They noted that Singh was prosecuted and convicted for offences under the Factories Act, whose ingredients are identical to those of offences for which he is sought to be prosecuted under IPC. Hence, his prosecution on the same set of facts relatable to the same incident is “not legally sustainable” and is “an abuse of the process of law”.
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