NARAYANAN VAGHUL Vs. R K MHATRE

JUDGEMENT

(1.) THIS is a petition under section 482 of the Cr. P. C. to quash the complaint filed by Shri R. K. Mhatre, Inspector, Security Guards Board for Greater Bombay and Thane District, against the petitioners for having contravened the provisions of Clause 14 of the Private Security Guards (Regulation of Employment and Welfare) Scheme, 1981 read with section 3 (3) of the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981. The petitioners further pray for quashing of the order of the learned Additional Chief Metropolitan Magistrate issuing process against the petitioners in Criminal Case No. 63/s of 1987.

(2.) THE petitioner, Industrial Credit and Investment Corporation of India Limited, having its registered office at Bombay is a Financial Institution involved with the financing of the development activities of the country. Respondent No. 2 is the Chairman and Managing Director of the Industrial Development Bank of India, which is the Apex Public Financial Institution of India. The respondent No. 2 is a non-executive director of the petitioner No. 3. At the relevant time he was the Managing Director of petitioner No. 3.

(3.) THE complaint under Clause 39 of the Scheme is for taking appropriate action against the petitioners for having contravened Clause 14 of the Scheme read with section 3 (3) of the Act. It is stated in the complaint that the petitioners are involved in commercial activities and have ultimate control over the affairs of the establishment and had employed private security guards with effect from 20-6-1981 through M/s. Top Detective and Security Services Pvt. Ltd. and as such were amenable to the provisions of the Scheme and the Act and as such were required to get themselves registered with the Board as contemplated under Clause 14 of the Scheme. As the petitioners had employed security guards and not registered themselves, the aforesaid complaint was filed. The learned Magistrate issued the process which has been challenged in the present petition.