(1.) Against the petitioner a complaint has been filed alleging that he has committed the offence punishable under Section 29 of the I.D. Act. The petitioner entered appearance before the learned Magistrate and raised an objection that the cognizance taken is bad in law in as much as it does not comply with the mandate of Section 34(1) of the I.D. Act. The learned Magistrate considered the objection and by the impugned order overruled the same and held the complaint to be justified. Aggrieved by the said order, the petitioner has come to this court with this petition under Section 482 Cr.P.C. to quash the proceedings.
(2.) What is the grievance? The learned counsel for the petitioner submits that the Regional Joint Labour Commissioner, who had authorised the complainant/respondent herein to lodge a complaint, does not have the requisite legal authority under Section 34 to authorise the District Labour Officer to file the complaint.
(3.) It will be apposite in this context to refer to Sections 34(1) and Section 39 of the I.D. Act, which I extract below: "S.34. Cognizance of offences - (1) No Court shall take cognizance of any offence punishable under this Act or of the abetment of any such offence, save on complaint made by or under the authority of the appropriate Government." S.39. Delegation of powers - The appropriate Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also, - (a) where the appropriate Government is the Central Government, bu such officer or authority subordinate to the Central Government or by the State Government, or by such officer or authority subordinate to the State Government, as may be specified in the notification; and (b) where the appropriate Government is a State Government, by such officer or authority subordinate to the State Government as may be specified in the notification." (emphasis supplied)