SUCHAK PAPERS MANUFACTURING CO Vs. H J NIKAM

JUDGEMENT

(1.) THIS Criminal Writ Petition is filed by the Petitioners/original accused, being aggrieved by the order of issuance of process in Summary Case No.632 of 1986, pending in the Court of Judicial Magistrate, First Class, Thane.

(2.) HEARD Mr. Agarwal for Petitioners and Mr. Galeria, learned A. P. P. for Respondent No.2-State. Perused the proceedings. Mr. Agarwal for Petitioners, points out that process is issued against the Petitioners under Clause 14 and 39 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. He submits that the punishment as per the Act and the Scheme, provided for the alleged offence, is fine and imprisonment upto three years, and therefore, in view of the two common cause Judgments reported in (1996)4 SCC 33 : (1997 ALL MR (Cri) 1 : 1997 (1) ALL MR 47 (S. C.)) ("common Cause" Vs. Union of India) and (1996) 6 SCC 775 : (1997 ALL MR (Cri) 3 : 1997 (1) ALL MR 49 (S. C.)) ("common Cause" v. Union of India), the petitioners' case is covered squarely by the observations of the Apex Court made in para 2 sub-clause (e ). He points out that the process was issued on 1st March, 1985.

(3.) MR. Galeria, the learned A. P. P. concedes to this position. In view of this, following order is passed: Rule is made absolute in terms of prayer clause (c), and Summary Case NO. 632 of 1986, pending in the Court of Judicial Magistrate, First Class, Thane, is hereby quashed and set-aside. Interim order dated 27th February, 1992 is hereby vacated. Criminal Writ Petition No.174 of 1992 is disposed of accordingly. Petition allowed. .