TRILOKI NATH RAINA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In all these four Cri. Misc Nos. 1935 of 1987 (R), 1983 of 1987 (R), 1369 of 1987 (R) and 1972 of 1987 (R), Mr. Triloki Nath Raina, Director (Technical) of Central Coal Fields Limited, is the petitioner, who has since retired.

(2.) In all the cases, the petitioner is the same person and common question of law has been involved, which was also argued together by both the parties and as such all the aforesaid cases have been taken up together for the sake of convenience for disposal with the consent of both the parties.

(3.) In Cri. Misc. No. 1935 of 1987 (R), the petitioner has prayed for quashing the entire criminal prosecution including the order taking cognizance dated 15 -7 -1986 passed the Chief Judicial Magistrate Daltonganj, whereby the Chief Judicial Magistrate had taken cognizance against the petitioner for the offence under Rule 22 -A of the Payment of Wages (Mines) Rules, 1956. In Cri. Misc. No. 1983 of 1987 (R), the petitioner has prayed for quashing the entire criminal prosecution including the order taking cognizance dated 4 -9 -1986 passed by Sri S. Kunkal, Judicial Magistrate, 1st Class, Ranchi, whereby and whereunder the learned Magistrate had taken cognizance for the offence punishable under Rule 22 -A of the Payment of Wages (Mines) Rules, 1956. In Cri Misc. No. 1369 of 1987 (R), the petitioner has prayed for quashing the entire criminal prosecution including the order taking cognizance dated 15 -5 -1986 passed by Sri S. Kunkal, Judicial Magistrate, 1st Class, Ranchi, whereby and whereunder the learned Magistrate had taken cognizance against the petitioner for the offence under Section 67 of the Mines Act, 1952, In Cri. Misc. No. 1372 of 1987 (R) the similar prayer has been made by the petitioner for quashing the criminal prosecution including the order taking cognizance dated 15 -5 -1986 passed by Sri S. Kunkal, Judicial Magistrate, 1st Class, Ranchi, whereby and whereunder the learned Magistrate had taken cognizance against the petitioner for the offence under Section 67 of the Mines Act, 1952.