NARAYAN MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) Order of learned Sub-Divisional Magistrate, Jaypore (in short SDM) directing institution of the case under S. 17 of the Bonded Labour System (Abolition) Act, 1976 (in short the 'Act') was assailed before the revisional forum, and learned Additional Sessions Judge, Jaypore having refused to accept the prayer for interference, this application for exercise of inherent power under S. 482 of the Code of Criminal Procedure Code, 1973 (in short the 'Code') has been filed.

(2.) Acting on a report received from the Welfare Extension Officer, Khurda alleging that the petitioner Narayan Mohanty (hereinafter referred to as 'employer') had engaged Padam Talia (hereinafter referred to as 'Labourer') Direction for institution of the case under S. 17 of the Act as given, and parties were directed to appear before Court on 8-2-1991 to substantiate their respective claims. The report inter alia stated that the "employer" had advanced a sum of Rs. 150.00, and the labourer was rendering service under bonded Labourer Scheme. The employer was being paid Rs. 120.00 and 12 pauttis of paddy per year. This according to learned S.D.M. disclosed commission of offence punishable under S. 17 of the Act and therefore the proceeding was initiated. Against the said order dated 16-1-1991, revisional forum was moved as indicated above.

(3.) According to petitioner, ingredients necessary to constitute an offence punishable under S. 17 of the Act are squarely absent, and therefore proceeding was misconceived and the Revisional Forum was not justified in holding that there was ample material for continuance of the proceeding. There is no appearance at the time of hearing on behalf of opposite party No. 2. Learned counsel for the State supported the orders.