APJ LINES Vs. SABITA MITRA

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure is directed against a summons to the petitioner issued by the Metropolitan Magistrate, 6th Court Calcutta u/S. 145 of the Merchant Shipping Act, 1958, therein after referred to as 'the Act'. The objection taken mainly, which has been mooted at the Bar by the Id. Counsel for the petitioner is that this summons is illegal as it is titled as "summons to an accused person" thereby suggesting that the petitioner has to appear as an accused person and if they so appear they have to be put to bail as an accused person. The assertion is that proceedings u/S. 145 of the Merchant Shipping Act, 1958 is a proceeding for recovery of unpaid wages of a seaman against the person liable to pay. It is not a proceeding of trial as an accused.

(2.) Section 145 of the Merchant Shipping Act, 1958 is in following terms : 'Recovery of wages'.

(3.) I may further notice that Section 436 of this Act lays down that certain omissions and actions under some of the provisions of the Act are offences punishable with various fines, enlisted in an annexed table. The present proceedings before the Magistrate was not under Section 436 of this Act.