R L RIKHYE Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application under Section 482 Cr.P.C. for setting aside the quashing the proceedings in CR Case No. 514/92 pending in the Court of SDJM. Biswanath Chariali and the impugned order dated 26.8.92 passed therein as against the accused petitioner No. Shri R.L. Rikhye. Director. George Williamson (Assam) Ltd.

(2.) 1 have heard Mr S.N. Sarma. learned counsel appearing for the petitioner and.Mr J. Singh, learned PP. Assam appearing for the State respondents.

(3.) This case arose out of a complaint. filed by the respondent No. 2 Medical Inspector under the Plantation Labour Act, 1951 before the SDJM, Biswanath Chariali on 25.8.92 stating inter alia, that on 5.6.92 he inspected Boroi Tea Estate and found that the petitioner Sri R.L. Rikhye along with Mr B.C. Saikia, Manager, Boroi Tea Estate violated Sections 26 and 27 of the Plantation Labour Act. 1951 by failing to produce certificate of fitness for non-adult worker of the plantation and also violated the provisions of Rule 76 of the Assam Plantation Labour Rules. 1956 by not maintaining the Register of non-adult workers in Form No. 9 properly. Having obtained the sanction from the Chief Inspector of Plantations under Section 39 of the Act, the complaint was filed against the present petitioner and the Manager of the Tea Estate. On receipt of the complaint, learned SDJM, Biswanath Chariali by his order dated 26.8.92 took cognizance of offence and issued summons to the present petitioner and the Manager. Being aggrieved, the accused petitioner, R.L. Rikhye. Director. George Williamson (Assam) Ltd. has filed this revision petition for quashing the aforesaid proceedings and the order dated 26.8.92 issuing process against him.