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2022 (6) TMI 1448 - HC - Indian LawsApplicability of Factories Act 1948 or Indian Penal Code - occupier and manager or not - serious injury while operating the machinery - HELD THAT:- It is apparent that the Revisional Court has failed to appreciate the submissions advanced by the petitioners and has chosen to not address the admissibility of the evidence available along with the final report and has rather proceeded on a presumption that all such aspects shall be examined at the stage of trial. Forcing a person to undergo criminal prosecution without noticing as to whether any criminal case is made out against a person on the strength of the material and evidence collected by the prosecution itself is a perpetuation of injustice. A Court of law cannot refuse to examine the existence of prima facie evidence and as to whether such evidence would support the continuation of proceedings against the petitioner or not on a pretext that such issue is to be examined at the stage of trial. A plea of defence cannot be looked into by the Revisional Court especially when such plea is sought to be established by any other evidence or document which is yet to be proved in accordance with law. The said aspect however does not apply to the evidence collected by the Investigating Agency and sought to be relied upon by the agency for proving its case against an accused. The Revisional Court has not properly appreciated the evidence available on record and its admissibility in law along with necessary ingredients required for prosecuting a person for commission of the offence in question. Petition allowed.
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