J U PRABHU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 482 of the Code of Criminal Procedure requesting that the proceedings before the Metropolitan Magistrate II Court in Criminal case No. 1921/85 be quashed.

(2.) The respondent filed the complaint in question on 1-6-1985. He complained that the accused had committed an offence by violating the provisions of Rule 81 of the Contract Labour (Regulation and Abolition) Central Rules, 1971 hereinafter referred to as the Rules and therefore was liable to be punished for having committed the offence under Section 24 of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as the Act).

(3.) Certified Copy of the complaint is produced. It makes out that the respondent inspected the establishment in question on 27-2-1985 and observed the irregularities mentioned in para 4. It further states in para 5 that there-after, the respondent issued inspection report-cum-show-cause-notice No. Cl. (Cont) PE (24) 85-86 dated 27-2-1985 and sent the same by registered post acknowledgment due. It is prayed in the complaint that the petitioner-accused be punished in accordance with law. Sri T.J. Chouta, Learned Counsel appearing on behalf of the petitioner urged that the complaint is lodged beyond the period of limitation prescribed under Section 27 of the Act and therefore, the Magistrate was not competent to take cognizance of the offence and as such, the proceeding in question are bad in law.