DILEEP T VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.T. 97/95 before the Judicial First Class Magistrate's Court, Punalur, has filed this M.C. to quash the entire proceedings under S.482 of the Code of Criminal Procedure.

(2.) The petitioner is being prosecuted for violation of S.8 read with R.8, S.8 read with R.10(1) and (2), S.10 read with R.33(3), S.23 read with R.72(1), S.43(2) read with R.76(2)(a) and S.3B read with R.2A of the Plantations Labour Act and the Rules framed thereunder, on the basis of Annexure-A complaint filed by the 2nd respondent. The only contention urged before this Court to quash the proceedings is that the complaint is barred by limitation.

(3.) The petitioner contended before the Trial Court that the prosecution is barred by limitation under S.40 of the Plantations Labour Act. The learned Magistrate by the order dated 31.7.1997 found that the prosecution is not barred by limitation. Hence this M.C. is filed before this Court to quash the entire proceedings against him, under S.482 of the Cr.P.C. In Annexure-A complaint it is stated that on inspection of the estate of the petitioner at about 11.30 a.m. on 28.7.1994 violations of various provisions of law are detected and the petitioner has not rectified the defects inspite of Annexure-C inspection order dated 30.7.1994 sent by the 2nd respondent to the petitioner within 30 days from the date of receipt of the order. The petitioner has contended that Annexure-A complaint is filed beyond the period of limitation provided under S.40 of the Plantations Labour Act. S.40 of the Act reads as follows: