SWAPAN SAHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) These are applications filed under sections 40 1 and 482, Criminal Procedure Code (for short the Code) seeking to quash proceedings before Executive Magistrate, Silchar, Cachar, Assam. They arc filed in this Court because the petitioners arc residing in the State of Tripura. By way of abundant caution I, as the Chief Justice of this court, directed that these cases be heard at Agartala Bench.

(2.) Separate proceedings have been initiated before the Executive Magistrate, Silchar, Cachar against the petitioners in each of these cases alleging that they have contravened the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 (for short the Act). The Petitioners who received summons from the court of the Executive Magistrate have filed these petitions.

(3.) Section 26 of the Act states that no Court shall take cognizance of any offence under this Act except on a complaint made by, or with the previous sanction in writing of, the inspector and no court inferior to that of a Presidency Magistrate or a magistrate of the first class shall try anyoffence punishable under this Act.