UNITED DISTILLRS LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner is a company which has moved this Court through its General Manager under Section 482 of the Code of Criminal Procedure, 1973 for quashing the entire proceedings including the order of cognizance dated November 6, 1992 passed by the learned Chief Judicial Magistrate, Gopalganj in Other Act Case No. 44/1992 lodged through an official complaint by the State Government and Labour Commissioner, Siwan alleging offence under Section 29 of the Industrial Disputes Act, 1947 against the Petitioner company and several of its officials and directors.

(2.) On the basis of above materials, it has been submitted by Mr. Ranjit K. Das, learned Counsel appearing for the Petitioner company, which was earlier United Distillers Private Limited (U.D.P.L.) but now United Distillers Limited, that the complainant erred in law in lodging the complaint against Petitioner company and its officials when in terms of the award of the Tribunal itself the Petitioner was not at all liable in respect of liabilities arising from the award.

(3.) On the other hand, Mr. Lala Kailash Bihari Prasad, learned Counsel appearing for the State of Bihar has submitted that the aforesaid defence should be left to be considered by the Court below at appropriate stage and it would not be proper to go into the documents or facts in exercise of power under Section 482 of the Code of Criminal Procedure. According to him, such power is to be exercised only in rarest of rare cases and not in the case of present nature.