JUDGMENT : A.P. Sinha, J. This application is directed against the ORDER :dated 3.8.1982 passed in Case No. 339C/2 of 1982 whereby the learned Chief Judicial Magistrate has taken congnizance for offence punishable under Section 92 of the Factories Act (hereinafter referred to as 'the Act'). It appears that a petition of complaint has been filed by the Inspector of Factories for contravention of Section 88 read with Rule 96 and Sections 21(1)(iv)(c) and Section 21(2) read with Rule 55(a)(i) punishable under Section 92 of the Act. 2. It appears that all the petitioners are the Directors of the factories and the accused no. 5, A.S. Poplai happened to be Occupier and Manager of the Factory. 3. It has been contended that under the provisions of Section 92 of the Act the person liable for prosecution has been named as the occupier and the Manager of the Factory concerned and that being so the cognizance and prosecution against the petitioners are not in accordance with law. 4. Further it has been submitted that as a matter of fact the Directors live and reside at Calcutta and they are not the persons who as a matter of fact are responsible or Incharge of day to day affairs of the Factory. 5. I find sufficient force in this contention. From the perusal of Section 92 of the Act the Occupier and the Manager are the persons to be prosecuted. In absence of any allegation that the act of the Directors as a matter of fact was responsible for the contravention of the Rules and the provisions mentioned above, no prosecution can be said to be valid and lawful against such Directors. 6. In the result this application is allowed. The cognizance as well as the criminal proceedings against the petitioners only is hereby set aside.