RAMANNA HANAMAPA CHOUDAKI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Respondent No. 2 was appointed as Material Mover pursuant to the appointment order on 2nd June, 1986 with Kinetic Engineering Limited, Ahmednagar. It is claimed by respondent No. 2 that the accused persons connived with each other and tried to harass him and was made him to work for more than hours than prescribed, resulting into in filing of complaint bearing Complaint (ULP) No. 55 of 1986 by respondent No. 2, which was allowed on 30th April, 1991 by the Labour Court, Ahmednagar, with directions to the employer to reinstate respondent No. 2 along with 50% back wages. The said order came to be stayed in Writ Petition No. 1544 of 1992 by this Court, subject to condition that respondent No.2 be reinstated and part of back wages to be paid.

(3.) Respondent No. 2 thereafter filed complaint before the Labour Commissioner, Nashik on 25th September, 2004 after his reinstatement on 25th July, 1992 alleging that the petitioners are harassing him. Respondent No.2, as such, on 16th November, 2004 consumed poison in the factory premises, resulting into his hospitalization and thereafter was discharged after proper treatment. In the backdrop of above referred act of respondent No. 2, a complaint was filed with the District Superintendent of Police, Ahmednagar on 8th January, 2005. As the cognizance was not taken for registration of crime, a complaint bearing RTC No. 33 of 2005 came to be filed before learned Judicial Magistrate, First Class, Ahmednagar on 29th January, 2005 for the offence punishable under Sections 116, 306, 504, 506 read with Section 34 of the Indian Penal Code alleging that he was forced to consume poison by the petitioners accused persons and sought prosecution.