LAWS(BOM)-2014-2-360

UNITED HELICHARTERS PVT. LTD. & ORS Vs. S.P.APSINGEKAR, INSPECTOR, SECURITY GUARDS BOARD FOR GREATER MUMBAI & ANR.

Decided On February 26, 2014
United Helicharters Pvt. Ltd. And Ors Appellant
V/S
S.P.Apsingekar, Inspector, Security Guards Board For Greater Mumbai And Anr. Respondents

JUDGEMENT

(1.) The petitioners Nos. 2 and 3 herein are questioning the correctness and validity of the order of issuance of process against them by the learned Metropolitan Magistrate, 38th Court, Ballard Pier, Mumbai in Case No. 509/SS/2007 for offences punishable under clause 13(1)(c) of the Private Security Guards (Regulation of Employment and Welfare) Scheme 2002 read with Sectioon 3(3) of Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981. The petitioners herein had challenged the order of issuance of process by Criminal Revision Application No.769 of 2009.

(2.) The petitioner No.2 happens to be the Chairman-cum-Managing Director , whereas petitioner No.3 is the Head of HR Department of the company United Helicharters Pvt.Ltd. at Mumbai. The Sessions Court by an order dated 19th April, 2011 has been pleased to dismiss the Revision Application. Hence, this Writ Petition.

(3.) This Court (Coram B.R.Gavai, J.) in the case of ICICI Bank Ltd. & Ors. Vs. State of Maharashtra & Anr. Reported in 2011-II-LLJ-46 (Bom) , has observed thus:-