ARJUN DALJIT WALIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application which is filed under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code), the applicant - original accused has challenged issuance of summons by the Trial Court in connection with the Criminal Complaint No.1459 of 2012.

(2.) Heard learned advocate Mr. Nandish Thakkar for the applicant, learned advocate Mr. Nikunt Raval For the Respondent No.2 - complainant and learned APP Mr. Jashvant K. Shah For the Respondent No.1 - State.

(3.) Learned advocate for the applicant submitted that the respondent No.2 has filed a complaint being Criminal Case No.1469 of 2012 before the learned Metropolitan Magistrate Court No.6, Ahmedabad against M/s. Walson Services (Pvt.) Ltd. under Sections 23 and 24 of the Contract Labour (Regulation &Abolition) Act, 1970 (hereinafter referred to as 'the Act of 1970') and the Rules framed thereunder, alleging that the Directors of the accused company have violated certain provisions of Contract Labour (Regulation &Abolition) Central Rules, 1971. It is submitted that as per the said complaint, the date of the offence is 21.02.2012. However, the applicant, who was the Director of the accused company, has already resigned much prior to the date of the offence i.e. on 02.04.2009. In support of the said contention, learned advocate Mr. Thakkar has referred the document i.e. form No.32 which is produced at page 28 of the compilation. From the said document, it is pointed out that the resignation was given by the applicant on 02.04.2009, and therefore, the issuance of process against the applicant is nothing but a gross abuse of process of the Court and hence the impugned complaint qua the applicant be quashed and set aside.